HomeMy WebLinkAboutMN-CC-1989-10-04t
Regular Meeting
PRESENT:
Mayor Gutenberger
(Wwo'� I
Alderpersons (10)
OTHERS PRESENT:
1
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
7:00 P.M. October 4, 1989
- Booth, Cummings, Johnson, Nichols, Hoffman,
Killeen, Lytel, Peterson, Schlather,
Romanowski
City Clerk - Paolangeli
City Controller - Cafferillo
City Attorney - Nash
Director, Planning & Development - Van Cort
Police Chief - McEwen
r- Personnel Administrator - Walker
Building Commissioner - Datz
Fire Chief - Olmstead
Acting Superintendent of Public Works - Fabbroni
City Chamberlain - Parsons
Director, Youth Bureau - Cohen
Board of Public Works Commissioner - Reeves
Deputy Director, Planning & Development - Mazzarella
PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance to
the American flag.
MINUTES•
Approval of Minutes of the September 6, 1989 Common Council
Meeting
The approval of the Minutes of the September 6, 1989 Common
Council meeting were postponed until the November 1, 1989 Common
Council meeting.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Human Services Committee
Alderperson Lytel requested the addition of Item 16.4, Emergency
Shelter at Southside - Resolution.
No Council member objected.
Planning and Development Committee
Alderperson Cummings requested the deletion of Item 17.6(a),
Industrial Zoning, I -1 - Negative Declaration Resolution.
Alderperson Cummings noted that on Item 17.9, Festival Lands
Resolution, there are a series of amendments.
No Council member objected.
Executive Session
Alderperson Cummings requested the addition of an Executive
Session at the end of the Council meeting to discuss land
acquisition.
No Council member objected.
Report of Special Committees and Council Liaisons
Alderperson Killeen requested the addition of a report from the
Rental Housing Task Force.
No Council member objected.
2
MAYOR'S APPOINTMENTS:
Ithaca Housing Authority
Mayor Gutenberger requested the approval
the re- appointment of Frank Slattery, 960
the Ithaca Housing Authority with a term
1994.
October 4, 1989
of Common Council for
East State Street to
to expire October 17,
Resolution
By Alderperson Johnson: Seconded by Alderperson Killeen
RESOLVED, That this Council approves the re- appointment of Frank
Slattery to the Ithaca Housing Authority with a term to expire
October 17, 1994.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COMMON COUNCIL:
GIAC Improvements
Diane Sams, addressed the Council regarding Human Services
Committee agenda item 1, GIAC Renovations. She stated that the
GIAC Board has also drafted a resolution and she urged the
Council to take that resolution under consideration as well as
the one from the Human Services Committee.
Ms. Sams commented that the GIAC Board members will be holding an
orientation session on October 19th and she extended an
invitation to Council members and the Mayor to attend.
Homeless Shelter
The following persons spoke to Council regarding the City of
Ithaca Homeless Shelter at Southside Community Center:
Rev. Daniel Little, 1315 Hanshaw Road
Terry Pasco, 121 Prospect Street
Donald Woodman, Benjamin Hill Road, Newfield
Susan LaBarre, 112 Cascadilla Street
Alexandra Misita, 211 Anna Comstock Hall
Gregg Spence Wolf, G3190 Pleasant Grove Road
Festival Lands
Doria Higgins, 2 Hillcrest Drive, appeared before Common Council
on behalf of "Citizens to Save Our Parks" and read the following
statement to Council:
"A key issue involved in your vote tonight on the resolution
concerning transfer of the Festival Lands at Cass Park to the
Fingerlakes State Parks is whether or not the Festival Lands are
now park land. Ralph Nash, City Attorney, has said if they are
park land, eight votes would be needed to pass tonight's
resolution.
He, as you know, has asserted in a memorandum dated March 1,
1988, that the Festival Lands are not park land. However, that
memorandum ignored the solid, indisputable facts which uphold the
position that the Festival Lands are park land.
The concept of "implied dedication of park land" is firmly
established in New York State law. This concept means that land
which has been commonly used as park land over a period of time
earns, by virtue of such usage, the legal designation of park
land, and the concomitant protection of such designation.
A memorandum on the alienation of parks written by the City of
New York Parks and Recreation (a document incidentally which we
made available to Mr. Nash before he wrote his memorandum)
describes implied dedication thus: "In summary, formal
dedication of municipal property to a public use and/or
continuous public use with the acquiescence of a municipality
renders a park designation irrevocable until such time as the
State Legislature authorizes its discontinuance."
3 October 4, 1989
That the Festival Lands have earned the designation of park land
is supported by the following.
First, most of our community thinks the Festival Lands are part
of Cass Park and the community has. used it as a park for years.
In fact, the yearly Kite Festival which is held on the Festival
Lands is advertised in the local media as being held at Cass
Park.
Second, the Festival Lands over the past years have been mowed
and maintained by City Parks maintenance crews thereby attesting
to "the acquiescence of our municipality." About three years ago
State Parks, when they started building their new sixth pier at
the marina, took over the task of mowing and other maintenance. **
Third, the April 6, 1983 Common Council resolution which
expressed "a willingness in principle to negotiate eventual sale"
Fourth, there is even earlier evidence in the original 1967
tripartite agreement between the City, the State of New York and
the Center for the Arts at Ithaca that the Festival Lands have
become designated park land. The tripartite agreement, among
other things, allocated the use and functions of the lands
involved and the Festival Lands were intended to house the Center
for the Arts and its theater; however, the Center and its theater
never eventuated because of lack of funds. The tripartite
agreement reads, "the City shall retain and develop for park and
recreational purposes that portion of Cass Park and Old Municipal
Airport property... not conveyed to the State or leased to the
Center." Since the Festival Lands never were leased to the
Center it seems clear that they became park land by reason of
default of their original intended use.
About 6 or 7 years ago part of the Festival Lands was roughed up
by a bulldozer and dredge dumping, but the rest continued to be
mowed. Since the other conditions of the 1967 agreement still
prevail there is no reason why the above quoted condition should
not also prevail.
I'd like to comment briefly on City Attorney Nash's memorandum of
March 1, 1988. That memorandum cites only three court decisions,
all three of which were also cited in the New York City Parks
memorandum which we had made available to him. However, they
were cited by New York City Parks as examples of the legal
validity of park land designation to land that has been used by a
community as park land over an extended period of time. In other
words, the court cases cited in Mr. Nash's own memorandum do not
support his assertion that the Festival Lands are not park
land.
of the Festival Lands, itself acknowledged
in the body
of the
(600"
resolution that the Festival Lands has been
designated
as park
adjoining the
land. The sixth WHEREAS of that resolution reads, "WHEREAS,
2
these lands have recently been designated
for use as
playing
the fact that the
fields for women's athletic teams since
relocation
of the
park land and have
theater..."
been so for years. Why destroy this beautiful
promenade which is
Fourth, there is even earlier evidence in the original 1967
tripartite agreement between the City, the State of New York and
the Center for the Arts at Ithaca that the Festival Lands have
become designated park land. The tripartite agreement, among
other things, allocated the use and functions of the lands
involved and the Festival Lands were intended to house the Center
for the Arts and its theater; however, the Center and its theater
never eventuated because of lack of funds. The tripartite
agreement reads, "the City shall retain and develop for park and
recreational purposes that portion of Cass Park and Old Municipal
Airport property... not conveyed to the State or leased to the
Center." Since the Festival Lands never were leased to the
Center it seems clear that they became park land by reason of
default of their original intended use.
About 6 or 7 years ago part of the Festival Lands was roughed up
by a bulldozer and dredge dumping, but the rest continued to be
mowed. Since the other conditions of the 1967 agreement still
prevail there is no reason why the above quoted condition should
not also prevail.
I'd like to comment briefly on City Attorney Nash's memorandum of
March 1, 1988. That memorandum cites only three court decisions,
all three of which were also cited in the New York City Parks
memorandum which we had made available to him. However, they
were cited by New York City Parks as examples of the legal
validity of park land designation to land that has been used by a
community as park land over an extended period of time. In other
words, the court cases cited in Mr. Nash's own memorandum do not
support his assertion that the Festival Lands are not park
land.
The facts presented in this statement make it clear that the
Festival Lands long ago earned the legal designation of park land
and the legal protection which accompanies that designation.
And, as Mr. Nash has told us, if the land is park land you will
need eight votes to pass the Festival Lands resolution before you
All of us who
love to walk to the lake shore
along that part of
(600"
the Festival
Lands which is a broad, green grassy boulevard
adjoining the
marina (the only pedestrian access
to the lake on
the west side
of the inlet) are witnesses to
the fact that the
Festival Lands
are daily used and enjoyed as
park land and have
been so for years. Why destroy this beautiful
promenade which is
a pleasure for everyone, all year long, just
to accommodate 58
boat owners in
the summer months?
The facts presented in this statement make it clear that the
Festival Lands long ago earned the legal designation of park land
and the legal protection which accompanies that designation.
And, as Mr. Nash has told us, if the land is park land you will
need eight votes to pass the Festival Lands resolution before you
4 October 4, 1989
tonight, - that is to pass it legally and properly. In any
event, aside from the important legal considerations, we are
opposed to the transfer of the land for the purpose of enlarging
the marina, because urwe ge o you
on those grounds
serve
also not toevote
public good, and g Y
for the transfer.
It is true that in one of those cases, Pearlman v. Anderson,
the
court ruled that the land in question was not park land. The
New York City Parks memorandum, however, commented, "the result
may have been different had there been stronger evidence of
continuous public use sufficient to constitute an implied
dedication..."
Note: All Underlining in this statement added by the Citizens to
Save our Parks Group.
Octopus
Vincent Fuchs, addressed Common Council regarding the issue o
the Octopus and urged support of the A -1 alternative.
Sciencenter
Ilma Levine, 71 Brooktondale Road, read the following statement
to Council on behalf of the Sciencenter:
"I would like to express appreciation for the expedient manner in
which the Northside City Lands Committee has been established and
has undertaken the task of determining availability and
appropriate uses for city owned Northside property, specifically
the old sewage treatment site.
We would also like to express appreciation to the DPW for the
completion of its study on facility needs as an essential part of
that planning process.
We wish to emphasize our commitment to remaining within the city
limits and our conviction that location of the Sciencenter and
also of the Senior Citizens Center at the old sewage treatment
site will be beneficial to the residents of the surrounding
neighborhood as well as to residents of the rest of the city and
the county.
We would also like to draw your attention to the fact that
orary limited p
despite our temp space in Center Ithaca we
are continuing to play a significant role in both informal and
ently involved in after
formal science education. We are curr
school activities at school sites, and are completing g a science
at Southside Community Center,
place physical science written materials and supplies in every
elementary school in the Ithaca district and that will be done by
November 1st.
Finally, on a lighter note, we would like to invite you all to
attend a cold bloodied carnival, an event that will introduce you
to radical reptiles and other fascinating October 29h andthfrIendly
creatures. It will happen on Sunday,
High School Cafeteria. Watch for further announcements. Thank
you."
Rental Housin Task Force Police Department Firearms H dro ower
Resolution and 10 Sto Building on East State Street
John Schroeder, 618 Stewart Avenue, 4th Ward Alderperson
Candidate, spoke to Council on the suggested timetable that was
appended to the Rental Housing Task Force report that was
presented last Spring. The Task Force had recommended that there
be action on a permanent Rental Housing Commission by now and
that there be adoption of guiding principles for developing
future housing in Ithaca. Mr. Schroeder stated that he thinks
the citizens of Ithaca and particularly renters, deserve a
report from the Planning and Development Committee as to what the
D
lr�
5
October 4, 1989
status of the Rental Housing Task Force Commission
recommendations are.
Mr. Schroeder spoke against the Police Department Firearms
resolution that is on tonight's agenda.
Mr. Schroeder also remarked on the proposed 10 story building on
the site of the burned out building on West State Street. He
said that the residents in his ward are very concerned that their
views across the Ithaca valley are going to be irrevocably harmed
by the construction of this building. He understands that the
Planning and Development Committee had considered lowering the
height of the zoning law in that area of the city and he urged
expeditious action on that matter.
Mr. Schroeder spoke in favor of the hydropower resolution that is
in tonight's agenda.
Festival Lands
2^ The following persons spoke to Council regarding the Festival
Lands resolution on this evening's agenda:
Charles Fitch, 484 Auburn Road, Lansing
John Confer, Hammond Hill Road, Brooktondale
Geoff Gooding, 105 Eddy Street
Guy Gerard, 190 College Avenue
Judy Rossiter, 301 Clinton House
Betsy Darlington, 204 Fairmount Avenue
Dr. Todd Engstrom, 196 Stevenson Road
David Nutter, 656 Five Mile Drive
Gossa Tsegaye, 408 East State Street
Jules Burgevin, 117 Muller Facility Center
Ashley Miller, 343 Iradell Road
Jane Pederson, Elmwood Avenue
Rick Bonney, Barnes Hill, Newfield
Caren Smiley, P.O. Box 101, Ithaca
Frederick R. Adler, 400 East Upland Road
Allison Wells, G -3 190 Pleasant Grove Road
Dave Garcia, 715 East Buffalo Street
Legislative Update of Upcoming Meetings
Martin Luster, Assemblyman, addressed Council and announced that
on October 25th, Assemblyman Paul Harenberg, the Chairman of the
Committee on Aging will be in Ithaca for a full day with a
variety of events. On November 16th, at 7:00 P.M., Assemblyman
Larry Bennett will be in town to convene a meeting of the
Subcommittee on Small Cities of the New York State Assembly. Mr.
Luster also reported that on December 12th the New York State
Assembly Task Force to strengthen New York's work force will
convene a symposium here in Ithaca.
Hydropower - Van Natta Dam
Bill Allen, New Woodstock, New York spoke to Common Council on
the resolution on hydropower that is on tonight's agenda. He
stated that he is a small hydro developer and he has been
following this project since 1984, has attended most of the Hydro
Commission meetings and some of the Council meetings. Mr. Allen
stated that he had made an offer to purchase that property in
1986 which received no response. He said he submitted a proposal
to the city's RFP to put up all the money, build it to the city's
specifications and give the city a percentage of the gross
revenue of that project. No counter offer was made to his
proposal and no one from the Proposal Review Committee has
contacted him and no notification was given to him that all the
proposals had been rejected.
Mr. Allen asked that if the city is going to surrender the
exemption, are they going to negotiate with him or someone else
on the use of the property and the water rights? If so who does
he talk to and what terms does the city want? Mr. Allen
6 October 4, 1989
commented that if Council passes this resolution tonight he would
like to see a date put on that surrender so he can file his own
license application for that site.
Senior Citizens Center
Valorie Rockney, 304 Linn Street, representing the Senior
Citizens Council, spoke to Council regarding the Senior Citizens
search for a new Center. She thanked Council for their support
and encouragement. The Senior Citizens Council has been very
pleased so far with the efforts of the Committee for Land Use on
the Northside. The Senior Citizens Council wishes to continue to
express their interest in having the new Senior Center located in
Ithaca, particularly on the Northside DPW site.
Employment Legislation - Postal Workers
Coert Bonthius, Tompkins /Cortland Labor Coalition, thanked the
Council, the Mayor, Assemblyman Luster and everyone else who came
out to rally and support the postal workers last week. As a
result of that rally and the pressure from the community,
including the Town, the County, and the Common Council, the
postal service has agreed, through its Postmaster Carl Anderson,
to set up a meeting with community, political, and union leaders
to talk about this relocation and explain it. Mr. Bonthius urged
the Council to set some dates tonight and follow through on this
with the Postmaster.
Mr. Bonthius also spoke on the issue of economic and development
problems that the City of Ithaca and the County are facing. He
passed out to Council members a County resolution regarding a
jobs policy for Tompkins County. He asked Council to consider
introducing the same legislation.
Baling Station -.Commercial Avenue Site
The following persons spoke regarding the County's proposal for
a baling station at the Commercial Avenue site and the
Industrial Zoning Resolution that is on tonight's agenda:
Fred Remillard, Owner McDonalds, Elmira Road
Kathryn Wolf, Trowbridge Associates, representing the Elmira Road
Merchants Association
Paulette Mano, 5 Westwood Knoll
Rick John, Thaler and Thaler Law Firm
Henry Vaughan, 304 Eastwood Avenue
Emergency Shelter at Southside Community Center
George Hagood, 501 west Green Street, spoke against the emergency
shelter being at the Southside Community Center. He feels that
the Southside Center should be used for programs for the
teenagers and the children of that area - not to house the
homeless. Although he agrees there should be a homeless shelter
he does not feel Southside Center is the right spot for it.
Community Access Channel on Cablevision
Bill McCormick, Ithaca, addressed Council on the problems that
have developed with the community access channel. He explained
that the access channel is governed by the franchise between the
cable company and the City of Ithaca and he asked that Council
take a good look at that franchise as there are problems that
should be looked at.
Route 96
George Frantz, 5 -A westwood Knoll, presented Council an
amendment to the resolution endorsing Alternative A /Optional 89
Alignment. He urged Council to support the amending resolution.
RESPONSE TO THE PUBLIC:
Post Office Jobs
Alderperson Lytel suggested that Council should take the
Postmaster up on his offer to meet with them regarding the issue
of relocation of the Ithaca postal workers.
i J ;I
VA
October 4, 1989
Alderperson Nichols spoke on the matter of preserving jobs and
apprenticeship programs in the community. He stated that he will
be presenting the matter to the Human Services Committee at their
next meeting.
HUMAN SERVICES COMMITTEE:
* 16.4 City of Ithaca Emergency Shelter at Southside Community
Center
By Alderperson Lytel: Seconded by Alderperson Nichols
WHEREAS, at its meeting of September 6, 1989 the Common Council
allocated $12,750 from unrestricted contingency in the 1989
fiscal year budget for the operation of an Emergency Shelter at
the Southside Community Center, this being the complete amount
requested by the Southside Center for the operation of the
shelter from the beginning of October to the end of December
1989, and
V-- WHEREAS, after considerable debate the Council failed to make an
C► explicit commitment to fund the program from January to March
1990 because it has not yet considered the 1990 budget and
because it wished to seek funding from other sources before
making that commitment, and
WHEREAS, without such a commitment the Southside Center Board in
a letter to Council dated October 2, 1989 announced that it would
not open the shelter; now, therefore, be it
RESOLVED, That the City of Ithaca reaffirms its support of the
Emergency Shelter at Southside, and that if McKinney Act, United
Way, and County DSS monies are not forthcoming or not sufficient
the City will act as the funding agency of last resort for the
remaining $12,750 necessary to operate the shelter from January
1 to March 30, 1990.
Alderperson Lytel stated that the Southside Center Board does not
wish to begin a program if there is a possibility that it may be
orphaned in the middle of the year. He said that he can report
some progress in securing the other half of the funding from
other sources. The Tompkins County EOC has considered and
unfortunately tabled the resolution but they will consider once
again meeting the other $12,750. Alderperson Lytel stated that
if Council passes this resolution, we will be back on track.
The shelter will be in a position to be opened and we can then go
back to EOC and try to get the McKinney Act money from them and
go to the County Board of Representatives and try to get a
guarantee of funding from them.
Alderperson Peterson noted that this is not the Southside's
Emergency Shelter. This is a shelter that the City asked
Southside to accommodate within their own programs, within a
building where they already had community programs, and it is the
City's responsibility and the City's choice whether to consider
this shelter operative for this winter season.
Alderperson Booth asked Alderperson Schlather what the Council
(4wo" can commit themselves to tonight absent the kinds of decisions
that will be made in December on the budget.
Alderperson Schlather responded that sometimes the City can
purchase services beyond the present funding year. He would
think that if the Council makes this commitment this evening,
they are bound to come up with funds in the next budget year. He
explained the methods that can be used for this type of service.
Alderperson Schlather further stated that his concern is that
there are, with rare exceptions, no other human service agencies
in town that require the City to commit to funding for more than
the existing budget year. He feels that for Southside to take
the position that they will not operate this shelter unless the
City gives them a commitment through next Spring, places them in
('
8 October 4, 1989
a position that is different than any other human service agency
in the City. Alderperson Schlather stated that he believes it is
unwise for Council to make that kind of a commitment - he thinks
Southside had the assurances of record last time. In terms of
the City's willingness that this program succeed, many of the
Council were quoted in that regard and politically, morally and
as a matter of common sense, Common Council would not let
Southside down.
Alderperson Schlather commented that as a matter of sound fiscal
and future procedures in terms of the operation of this Council,
he cannot support this kind of a guarantee.
Mayor Gutenberger reiterated that this Common Council cannot make
commitments for 1990 dollars until they have seen the budget. He
said that the budget should be ready within the next two weeks
and he can tell the Council that for every single penny that they
decide to spend they are going to have to take away from
somebody else. He urged Council not to make decisions now,
without having all the information before they begin spending
dollars in 1990. He stated that it is not going to be a good
budget year.
Mayor Gutenberger stated that he agrees with Alderperson
Romanowski that the County should be involved in this - the
Council should not even be discussing this - it is a County
function. However, the reality is that it is here and he urged
the Council not to make the mistake by promising people something
that the City may not be able to deliver. He said that the
Council is going to have a hard time even providing the level of
services to the taxpayers of this community that is now being
provided without taking on anything additional.
Alderperson Hoffman asked City Attorney Nash if there has been
progress on a contract for this service. Atty. Nash said he has
not been directed to work on a contract at this time.
Alderperson Hoffman proposed an amendment that the money be taken
from Unrestricted Contingency and placed in Restricted
Contingency for this purpose from the 1989 budget.
There was no second to Alderperson Hoffman's proposed amendment.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Killeen
RESOLVED, That in the Resolved clause, in the fourth line, all
language after "the city, etc..." be stricken and the following
language be substituted: "the City will make every reasonable
effort to provide $12,750 necessary to operate the Shelter from
January 1 to March 30, 1990 subject to the City's 1990 budget
constraints."
Discussion followed on the floor on the amending resolution.
A vote on the amending resolution resulted as follows:
Ayes (6) - Schlather, Romanowski, Johnson, Booth, Hoffman,
Mayor Gutenberger
Nays (5) - Peterson, Lytel, Cummings, Nichols, Killeen
Motion Carried (6 -5)
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE:
* 17.9 Festival Lands
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, the City of Ithaca and the Office of Parks, Recreation
and Historic Preservation entered into an agreement on March 21,
P]
9 October 4, 1989
1985 that provided recreational facilities for the city's use,
and
WHEREAS, State Parks is interested in developing additional
recreational facilities including a seventh and final shoreline
pier with slips on one side only, and picnic area at Allen H.
Treman State Marine Park and hiking /biking trail commonly
referred to as the Cayuga Inlet Trail, and
(4moo� WHEREAS, State Parks has agreed to satisfactorily complete all
the requirements of the State Environmental Quality Review as it
relates to such development at Allen H. Treman State Marine Park,
and
WHEREAS, State Parks has mutually agreed with the Tompkins County
Environmental Management Council as described in the documents
on the boundaries and future protection of the wetlands area
commonly referred to as Hogs' Hole, and
WHEREAS, State Parks has further agreed to continue to make
available certain ball fields at Buttermilk Falls State Park for
an additional five -year period of time with options to renew such
license for four additional five -year periods of time, and
WHEREAS, State Parks has agreed to adopt a mowing policy for the
land presently owned by the city that will insure the continued
use of that area as a nesting, resting and feeding place for
migratory birds, and
WHEREAS, State Parks has agreed to locate the access road along
the northerly edge of the Marina basin, replicating the layout of
the southerly Marina drive per map dated October 3, 1989, and
WHEREAS, State Parks has further agreed that the northwestern
parking lot and comfort station will be dropped from this
proposal, and
WHEREAS, disposition of city property is a Type 1 action
requiring environmental review and Common Council cannot take
action to transfer property until the environmental review
process is completed; now, therefore, be it
RESOLVED, That the Common Council does approve for submission to
environmental review the above described proposal as shown on the
map dated October 3, 1989 to transfer ownership of the city -owned
land commonly referred to as the Center for the Arts parcel to
New York State Parks for recreational purposes in accordance with
the March 21, 1985 agreement and the aforementioned conditions
agreed to by New York State Parks.
Alderperson Cummings explained that what is being discussed here
is city owned land - the Festival Lands. Those lands do not
touch the water edge. In referring to a large map that was on
the wall, Alderperson Cummings pointed out that Hogs' Hole and
the adjacent area are all the State's land currently.
Alderperson Booth stated his reasons for opposing what he called
(,,woe "a new proposal" that has been presented to the Council this
evening.
Motion to Refer to Committee
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That the Festival Lands resolution be referred back to
the Planning and Development Committee for review and report
back to Common Council.
Discussion followed on the floor.
10 October 4, 1989
A vote on the motion to refer resulted as follows:
Ayes (2) - Johnson, Booth
Nays (8) - Schlather, Romanowski, Cummings, Lytel, Hoffman,
Nichols, Peterson, Killeen
Motion Defeated
Main Motion
Discussion followed on the main motion. Mr. Mazzella responded
to questions regarding this new proposal. He assured Council
that State Parks will enter into a binding agreement regarding
Hogs' Hole boundaries and that this half pier is the final pier.
Alderperson Hoffman asked that the first 'Whereas' be deleted as
there seems to be considerable debate and confusion regarding
this.
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Booth
RESOLVED, That the first Whereas clause be deleted from the
resolution.
A vote on the amending resolution resulted as follows:
Ayes (3) - Johnson, Booth, Hoffman,
Nays (7) - Schlather, Cummings, Killeen, Lytel, Nichols,
Peterson, Romanowski
Motion Fails
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Cummings
RESOLVED, That the first Whereas read as follows: "Whereas, the
Mayor of the City of Ithaca and the Office of Parks, Recreation
and etc...."
Ayes (5) - Hoffman, Booth, Cummings, Johnson, Peterson
Nays (6) - Schlather, Romanowski, Killeen, Lytel, Nichols
Mayor Gutenberger
Motion Defeated
Discussion followed on what entity should be the lead agency for
environmental review.
City Attorney Nash explained the procedure for environmental
review. When two agencies are involved, only one agency can be
named the 'lead agency.'
Alderperson Booth requested that Atty. Nash check the City
Ordinance and State regulations. If the State issues a Negative
Declaration there may be an opportunity for the City to make a
decision on the propriety of a negative declaration. He further
pointed out that if the State does an Environmental Impact
Statement then the City has to make some findings which are
completely independent of the State's findings. The City's
findings are not in any way bound by the State's findings.
Alderperson Hoffman stated his belief that the City should be
directing the Environmental Review as this is our land. We
should not be turning over Environmental Review to the agency
that wants to develop that land.
Further discussion followed on Environmental Review.
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Johnson
RESOLVED, That the Resolved clause read as follows: "Resolved,
That Common Council does approve for submission to environmental
review (with Common Council as the lead agency) the above
described proposal, etc...."
11
October 4, 1989
A vote on the amending resolution resulted as follows:
Ayes (6) - Hoffman, Nichols, Johnson, Booth, Lytel,
Peterson
Nays (4) - Schlather, Romanowski, Cummings, Killeen
Carried
Main Motion as Amended
(400e Further discussion followed on the floor on the Main Motion as
Amended.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Killeen
RESOLVED, that in the second Whereas clause, the words "and
hiking /biking trail commonly referred to as the Cayuga Inlet
Trail" be stricken.
(� I
CC)
1.0
Ayes (2)
Nays (8)
- Johnson, Booth
- Schlather, Killeen, Romanowski,
Peterson, Nichols, Cummings
Motion Fails
Lytel, Hoffman,
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the third Whereas clause in its entirety be
stricken from the resolution.
Ayes (3)
Nays (7)
- Johnson, Booth, Hoffman
- Schlather, Romanowski, Peterson,
Killeen, Cummings
Motion Fails
Lytel, Nichols,
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Nichols
RESOLVED, That the fourth Whereas clause, in its entirety, be
stricken from the resolution.
Aye (1) - Booth
Nays (9) - Killeen, Johnson, Nichols, Schlather, Lytel,
Cummings, Peterson, Hoffman, Romanowski
Motion Fails
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the fourth Whereas read as follows: "State Parks
will hopefully agree with the, etc....."
Ayes (4) - Booth, Johnson, Hoffman, Peterson
Nays (6) - Schlather, Romanowski, Lytel, Nichols, Killeen,
Cummings
Motion Fails
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) - Cummings, Nichols, Lytel, Schlather, Killeen,
Peterson, Hoffman, Johnson, Romanowski
Nay (1) - Booth
Carried
Recess
Common Council recessed at 10:30 p.m. and reconvened in regular
session at 10:45 p.m.
Mayor Gutenberger left the meeting at 10:30 p.m. The remainder
of the meeting was chaired by Acting Mayor Killeen.
163
164
12
October 4, 1989
*17.6b Industrial Zoning - Amendment to Zoning Ordinance
By Alderperson Cummings: Seconded by Alderperson Schlather
RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES
TO THE ZONING ORDINANCE AND PROVIDING FOR
PUBLIC NOTICE AND PUBLIC HEARING
RESOLVED, That Ordinance Number 89 - entitled "An Ordinance
Amending Sections 30.25 AND 30.26 of Chapter 30 Entitled 'Zoning'
of the City of Ithaca Municipal Code" be and it hereby is
introduced before the Common Council of the City of Ithaca, New
York, and be it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held
at the Common Council Chambers, City Hall, 108 East Green Street,
Ithaca, New York on November 1, 1989 at 7:00 P.M. and
be it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication of a notice in the official newspaper,
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. Such notice shall be published once at least fifteen
days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Board of Planning and Development and the Tompkins County
Planning Board a true and exact copy of the proposed ordinance
for its report thereon.
Ayes (8) - Schlather, Romanowski, Lytel, Cummings, Nichols,
Johnson, Peterson, Killeen
Nays (2) - Booth, Hoffman
Carried
ORDINANCE NO. 89 -
AN ORDINANCE AMENDING SECTIONS 30.25 AND 30.26
OF CHAPTER 30 ENTITLED "ZONING" OF THE
CITY OF ITHACA MUNICIPAL CODE
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
SECTION 1. AMENDING SECTION 30.25 OF CHAPTER 30.
1. That Column 2, Permitted Primary Uses, is hereby amended to
read as follows under the "I -1" use district (deletions are
bracketed; additions are underlined):
1. Any use permitted in B -5 district, except that
dwelling units are prohibited.
2. [Any use not permitted in any other district
including] Industrial, warehousing, wholesaling,
storage and handling of bulk goods (not including
rubbish, other than that incidental to the primary use
of the property, as defined in Chapter 69,
Section 69.1 N), lumberyards, and agriculture except
that no animals may be kept within 50 ft. of any
property line.
3. Any use not permitted in any other zoning
district, subject to the issuance of a special
permit of the Board of Zoning Appeals in accordance
with Section 30.26 and Section 30.41 Special
Performance Standards and concurrence by the Common
Council.
9
6WR
4.
SECTION 2.
13
October 4, 1989
All uses must conform to special performance
standards governing establishment of
industrial uses (See Section 30.41).
AMENDING SECTION 30.26(C) OF CHAPTER 30.
1. That Section 30.26(C)(1) is hereby amended to add the
(W,V.e following:
p_ Any use not permitted as of right in the I -1 zoning
district.
SECTION 3. AMENDING SECTION 30.26(C) OF CHAPTER 30.
1. That Section 30.26(C) is hereby amended to add Subsection 5
as follows:
5. In the I -1 zone, uses other than those permitted under
Section 30.25 may be permitted by special permit upon a finding
by the Board of Zoning Appeals and concurrence by the Common
Council that such use shall have no significant negative impact
by reason of noise, fumes, odors, vibration, noxious or toxic
!..! release, or other conditions injurious to the health or general
welfare of the public.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section
3.11(B) of the Ithaca City Charter.
* 17.7 Central Processing Facility - Draft Environmental Impact
(600e Statement
By Alderperson Cummings: Seconded by Alderperson Schlather
WHEREAS, the Draft Environmental Impact Statement (DEIS) prepared
for the Central Processing Facility (CPF) on the Commercial
Avenue site misrepresents the City of Ithaca's concurrence with
the selection of the site as the "alternative preferred site" in
March 1989, and
WHEREAS, the DEIS mistakenly infers that because the City zoning
ordinance authorizes transfer stations for recyclable materials
for this zone that this garbage baling station fits within this
definition, and
WHEREAS, the DEIS is incorrect in asserting that the proposed CPF
at the Commercial Avenue site complies with current zoning
regulations in the City, and
WHEREAS, consideration of alternative sites is noticeably
deficient, and
WHEREAS, the City has appreciable concern for environmental
impacts such as wetland encroachment, air pollution, noise, odor,
the potential pollution of an underwater aquifer, and the
handling of toxic wastes that have not been adequately
acknowledged or mitigated in the DEIS, and
h
WHEREAS, the DEIS does not adequately address the need for
buffering the CPF site from its commercial neighbors and from the
adjacent Southwest Park, and
WHEREAS, the DEIS does not accurately represent the economic
impact of the placement of the CPF at the Commercial Avenue site,
now, therefore be it
RESOLVED, That the City of Ithaca finds the DEIS to be in need of
substantial revision and calls upon Tompkins County not to adopt
this document as a final Environmental Impact Statement.
166
14 October *4, 1989
Discussion followed on the floor regarding the DEIS conducted by
the County.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That the third Whereas clause be stricken from the
resolution.
Ayes (2) - Booth, Hoffman
Nays (8) - Schlather, Romanowski, Killeen, Nichols, Lytel,
Peterson, Johnson, Cummings
Motion Fails
Main Motion
Further discussion followed on the main motion.
A vote on the Main Motion resulted as follows.
Ayes (9) - Schlather, Romanowski, Lytel, Cummings, Nichols,
Killeen, Johnson, Peterson, Hoffman, Killeen
Nav (l) - Booth
Carried
* 17.8 Route 96
By Alderperson Cummings: Seconded by Alderperson Schlather
WHEREAS, the City of Ithaca has received and reviewed the draft
Environmental Impact Statement for the various Route 96 /Octopus
alternatives, and
WHEREAS, the City has received the New York State Department of
Transportation's recommendation that Alternative A be the
preferred alternative for this project; now, therefore, be it
RESOLVED, That the City of Ithaca rejects New York State
Department of Transportation's selection of Alternative A for the
following reasons:
1) This Alternative would result in the taking or
relocation of nine homes on Cliff Street. The
destruction of these homes would reduce the supply of
housing affordable to low and moderate income
households, cause a loss of taxes to the City of
Ithaca, and take a very high toll on the individuals
and families who would be uprooted by this taking or
relocation.
2) A substantial portion of the park land that would be
taken by Alternative A - Optional 89 Alignment, has
never been developed for park purposes. The City has
recognized that some of these lands may have more
appropriate use than as park land, and be it further
RESOLVED, That the City does hereby endorse Alternative A-
Optional 89 Alignment and requests that DOT implement this
Alternative at the earliest possible time. The City makes this
recommendation for the above stated reasons and because it
believes that Alternative A- Optional 89 Alignment preserves the
following future options: construction of an emergency vehicle
route that connects directly to the hospital, construction of an
overpass over the Conrail tracks, separation of Route 89 traffic
from Route 96 via a Route 89 connection at Esty Street, and the
diversion of traffic off Cliff Street through construction of a
northern connection from Route 96 to Route 89.
Amending Resolution
By Alderperson Romanowski: Seconded by Alderperson Schlather
RESOLVED, That there be a further Resolved added to the
resolution to read as follows:
J
19
15 October 44, 1989
"RESOLVED, That, if the Department of Transportation agrees with
the City's position as stated in this resolution or if it
continues with its Alternative A proposal, it fully investigate
the feasibility and cost of relocating those homes on Cliff
Street slated for removal under the Cliff Street alignment
proposed in its Alternative A onto new foundations further back
on their existing lots, and locate the sidewalk proposed to run
(Wooll along the newly widened Cliff Street at the base of the
embankment to be created under said Alternative A alignment, and
further that a landscape screen sufficient to buffer the
relocated homes from the newly widened Cliff Street be included
in the design of the improvements to the street, as sketched in
the drawing dated September 22, 1989, with the further
clarification that the cul -de -sac be eliminated and instead
connect directly to Route 89 /Park Road."
Discussion followed on the floor on the amendment.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
3
A vote on the Main Motion as Amended resulted as follows:
4 -, Carried Unanimously
Motion to Extend Meeting
By Alderperson Cummings: Seconded by Alderperson Lytel
RESOLVED, That this Common Council meeting be extended until
12:00 midnight.
Carried Unanimously
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
(Woo� Board of Public Works
Commissioner Reeves reported on the following for the Board of
Public Works:
1. In June the Board received a proposal from CNG Transmission
Corp. requesting a 50 -foot right -of -way to construct a gas
pipeline through the city watershed. For various reasons
the request was denied by the Board. CNG has now come back
to the Board with a new proposal which would allow
construction 50 -feet east of the centerline of the present
150 -foot NYSEG right -of -way thus eliminating the amount of
clearing which would affect the quality of the city's wooded
area. They also agreed to bury the pipeline 8 to 9 inches
under Six Mile Creek, thus allowing the removal of gravel to
be continued. That resolution was passed by the Board on
September 27, 1989.
2. Discussion was held on September 23rd at the Committee of
the Whole meeting with City Traffic Engineer Frank Gombas
regarding the improved signalization for the Octopus.
Through a subsequent resolution a letter was written to the
State DoT to enlist their aid and a response has been
received from DoT asking for information that is needed for
(400,11 a proper evaluation.
3. The matter of the Treman Marina is still being discussed by
the Board with no conclusions reached. However, it was felt
that with expertise of the Park Commission personnel,
concerns raised by individuals as well as various community
groups, Common Council and the Board of Public Works, that
through negotiations a compromise could be reached that
would be satisfactory to all.
CITY ATTORNEY'S REPORT:
Alderperson Lytel stated that the Red Cross had a variance to
extend their shelter. It expired and they went back the Board of
Zoning Appeals for another one. The BZA refused the Red Cross.
The Red Cross challenged it and now the BZA wishes to pursue it
168
16 October 44, 1989
in court. He asked City Attorney Nash at what point in this
process does the Council say to the City Attorney that the
Council does not wish to see this pursued in Court.
City Attorney Nash stated that he will look into the matter and
report back to Council at the November meeting.
PLANNING AND DEVELOPMENT COMMITTEE:
* 17.1 Van Natta Dam
By Alderperson Cummings: Seconded by Alderperson Hoffman
WHEREAS, a Request For Proposals for private hydropowP
development of the Van Natta Dam was issued, and
WHEREAS, the proposals received in response to said RFP have not
demonstrated a sufficient benefit to the City of Ithaca, and
WHEREAS, new monitoring requirements and enforcement provisions
being effected by FERC, place an increased burden of liability on
the city as the holder of the FERC Exemption on this project, and
WHEREAS, the city would be afforded some opportunity to influence
the form of development of the site by a private entity through
the FERC licensing process and /or negotiations concerning the
transfer of property and water rights held by the city at the
site; now, therefore, be it
RESOLVED, That Common Council does reject all proposals received
in response to the RFP to develop the Van Natta Dam under the
city Exemption, and, be it further
RESOLVED, That the FERC Exemption held by the city for such
project be surrendered prior to the March 1990 deadline for
beginning construction.
Alderperson Hoffman stated that in regard to the questions from
Mr. Allen, who addressed Council this evening, the City had a
very specific Request for Proposals. The City did not receive
all the information requested from Mr. Allen or any of the other
parties. There was a second request made by the City and still
the information was not forthcoming in order for the City to make
a decision. Nevertheless, the Committee the Council set up did
consider the proposals that were received. He said that it is
the committee's belief that there are two reasons for rejecting
them. The first is financial: payments to the City would be
only $3 -4,000 per year, while the City would still have
significant potential liability, as holder of the license. The
second reason was that the City Attorney said that it may be
legally problematic for the City to turn over the operation of a
plant to a private contractor when the City had used municipal
preference to acquire the exemption in the first place. Based
on those considerations the recommendation of the committee was
to give up the exemption; the Planning Committee concurred.
City Planner Jones and City Attorney Nash answered questions from
Council members.
Alderperson Booth asked Alderperson Hoffman to state for the
record what the significance is of the City giving up that
exemption.
Alderperson Hoffman stated that if the City gives up its
exemption, which we would have to exercise by March 1990, we
would then open up the site for potential requests for
hydropower development by any other party. That request would
have to go through FERC and the City could become an involved
party to any requests since the City owns all the land and water
rights in question. The City could make a case as to the
conditions under which any other hydropower license would be
granted. Presumably, we would ask for the same conditions that
(), it l
17 October t4, 1989
were applied to the City's exemption in terms of minimum flow
needed to be maintained in the creek and the treatment of the
facade of the building which would be used for hydropower. The
committee's feeling was that many of the concerns that the City
had could still be addressed because the City would have a
prominent role.
Alderperson Hoffman further stated the City, as owner of the land
(400"11 and water rights, would have to be approached by a private
developer for lease or sale of the land and that would give the
City some leverage in that situation.
A vote on the resolution resulted as follows:
Carried Unanimously
* 17.2 Ithaca Falls - Hydropower
�( By Alderperson Cummings: Seconded by Alderperson Hoffman
WHEREAS, a primary motive in the city's effort to construct a
hydropower facility at Ithaca Falls has been to preclude
"uncontrolled" development at the site by private parties, and
1
WHEREAS, recent information as more fully set forth in a letter
< dated 7/14/89 from DEC to Attorney Nash; letter dated 8/10/89
from FERC to Attorney Nash and letter dated 9/5/89 from DEC to
Margaret Fabrizio, Fall Creek Conservation Committee, has
affirmed that designation of Fall Creek as a State Recreational
River will provide definite protection against development of the
Ithaca Falls for hydropower by any party other than the city;
now, therefore be it
RESOLVED, That Common Council does hereby reaffirm its support of
designation of Fall Creek as a New York State Recreational
(4000� River, and its willingness to work with Representatives Martin
Luster and James Seward to develop appropriate legislation, and
be it further
RESOLVED, That Common Council does hereby direct staff to provide
support services to facilitate the designation process,
including mapping of proposed boundaries within the city. Such
services shall take priority over hydropower development for at
least 30 days.
Discussion followed and City Planner Jones answered questions
from Council members.
A vote on the resolution resulted as follows:
Ayes (6) - Hoffman, Booth, Nichols, Johnson, Peterson,
Lytel
Nays (4) - Romanowski, Killeen, Schlather, Cummings
Carried
CHARTER AND ORDINANCE COMMITTEE:
* 14.1 Amendment of the City's Cable Franchise Agreement with
American Community Cablevision Respecting the Franchise's
Existing Prohibition on Advertising and /or Endorsement of
(Wwooe Political Candidates
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That pending the City Attorney's review of applicable
federal and state laws and subject to agreement by American
Community Cablevision, the Common Council does hereby approve
amendment of the Cable Franchise Agreement with American
Community Cablevision, Article XIV, Section 14.3(D) thereof, to
remove the prohibition on advertising and /or endorsement of
political candidates. Said provision shall, after amended, read
as follows:
"Designated channels shall not be used for the promotion or
sale of commercial products or services."
170
and be it further
October *4, 1989
RESOLVED, That this resolution shall take effect on January 1,
1990.
Amending Resolution
By Alderperson Lytel: Seconded by Alderperson Nichols
RESOLVED, That the effective date of the resolution shall be upon
agreement by American Community Cablevision.
City Attorney Nash referred to the ruling that was made by the
State Cable Commission on the City's franchise renewal and in
light of that he feels that the City should amend the language of
the franchise now.
Further discussion followed on the amendment.
A vote on the amending resolution resulted as follows:
Ayes (3) - Lytel, Peterson, Hoffman
Nays (5) - Schlather, Booth, Cummings, Killeen, Johnson
Abstentions (2) - Nichols, Romanowski (conflict of interest)
Motion Fails
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (9) - Nichols, Hoffman, Johnson, Cummings, Lytel,
Peterson, Killeen, Booth, Schlather
Abstention (1) - Romanowski (conflict of interest)
Carried (9 -0)
Motion to Extend Deadline of Common Council Meeting
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the deadline for this Common Council meeting be
extended until 12:30 a.m.
Ayes (7) - Cummings, Schlather, Romanowski, Killeen,
Lytel, Hoffman, Booth
Nays (3) - Nichols, Peterson, Johnson
Carried
* 14 2 Approval of Board of F
Regulation Respecting Annual Revie
By Alderperson Booth: Seconded by
RESOLVED, That Common Council does
Board of Public Works' amendment
245.39 -a Part III, Section 1,
Regulations as follows:
blic Works' Amendment of its
of Sewer Charqes
Alderperson Schlather
hereby endorse and approve the
of paragraph 3 of subsection
Item 1.1 of its Rules and
"The user charges shall be reviewed annually and the rates
revised as necessary to insure that adequate revenues are
generated to pay for the cost of operation and maintenance,
including replacement."
Carried Unanimously
*
14.3 Amendment to Chapter 30, Entitled 'Zoning', of the CitY
of Ithaca Municipal Code Pertaining to the Establishment of a New
R 2c Zoning District - Resolution to Proceed to Public Hearing
By Alderperson Booth: Seconded by Alderperson Nichols
RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES
TO THE ZONING ORDINANCE AND PROVIDING FOR
PUBLIC NOTICE AND PUBLIC HEARING
RESOLVED, That Ordinance Number 89 - entitled "An Ordinance
Amending Sections 30.3, 30.21, 30.25 AND 30.26 of Chapter 30
Entitled 'Zoning' of the City of Ithaca Municipal
Code" be and it hereby is introduced before the Common Council of
lwt
N
i
.h
19 October 44, 1989
the City of Ithaca, New York, and be it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held
at the Common Council Chambers, City Hall, 108 East Green Street,
Ithaca, New York on Wednesday, November 1, 1989 at 7:00 P.M, and
be it further
RESOLVED, That the City
by the publication of
specifying the time when
will be held, and in
ordinance. Such notice
days prior to the public
Clerk give notice of such public hearing
a notice in the official newspaper,
and the place where such public hearing
general terms describing the proposed
shall be published once at least fifteen
hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Board of Planning and Development and the Tompkins County
Planning Board a true and exact copy of the proposed ordinance
for its report thereon.
ORDINANCE NO. 89 -
AN ORDINANCE AMENDING SECTIONS 30.31 30.21, 30.25 and 30.26
OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA
MUNICIPAL CODE
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York that an ordinance amending Sections 30.3,
30.21, 30.25 and 30.26 of Chapter 30 entitled "Zoning" of the
City of Ithaca Municipal Code be adopted, as follows:
SECTION 1. AMENDING SECTION 30.3, DEFINITIONS.
1. That the definition for "Dwelling, one - family ", Section
30.3(24), shall be amended as follows:
[ "Dwelling, one - family" shall mean a building
containing not more than one dwelling unit occupied exclusively
for residential purposes by an individual or family and not more
than one (1) unrelated individual, or by an individual or family
and not more than two (2) unrelated individuals if owner occupied
in R -1 zones. In R -2 and R -3 zones, a one - family dwelling may be
occupied by an individual or family and not more than two (2)
unrelated individuals.]
"Dwelling, one - family" shall mean a dwelling unit
occupied exclusively for residential purposes by an individual or
family and not more than one (1) unrelated individual, or a
functional family unit. In the R -1 zones, occupancy by an
individual or a family and not more than two (2) unrelated
individuals is permitted if the dwelling is owner - occupied. In
the R -2 and R -3 zones, occupancy by an individual or a family and
not more than two (2) unrelated individuals is permitted. A
one - family dwelling may be constructed in any of the following
configurations, as permitted in specific zoning districts:
A. One - family detached dwelling - A building containing
not more than one dwelling unit.
Ill. II.A. One - family detached dwelling.
171
172
20 October VA, 1989
B. One - family detached dwelling, zero -lot line - A
building containing not more than one dwelling unit
which is sited so that the side of the building is on
or near the side property line of the parcel on which
it is built.
I
I I
Ill II B One - family detached dwelling, zero lot line
C. One- family semi - detached dwelling - A building
containing not more than two one - family dwellings, each
of which shares a party wall or other common structural
elements with the other dwelling unit in the building.
- -- --� ❑ ❑ .❑ ❑
Ill II. C. One - family semi - detached dwelling.
D. One- family attached dwelling - A building containing
three or more one - family dwellings, each of which
shares one or more party walls or structural elements
with the other one - family dwellings in the building. A
maximum of six (6) one - family dwelling units may be
attached to form a single building.
Do 0
I
Ill II. D. One- family attached dwelling.
2. That a new definition for "Occupant" be added to
Section 30.3 as follows:
104. "Occupant" (in R -2c zones only)
A "Occupant" (in R -2c zones only) shall mean a person that
is permitted to occupy a dwelling unit or building in an R -2c
zone The number of such occupants that are permitted to legally
occupy a dwelling unit or building is based on the amount of
habitable space in the dwelling unit or building and on the basis
of lot size The minimum amounts of habitable space that are
required for occupancy by one or more persons are as follows:
i I i
21 October 4, 1989
1. In R -2c dwelling units, the maximum number of occupants
shall be limited to the number determined on the basis of lot
size and on the basis of the floor areas of habitable space,
other than kitchens, as shown in the following table:
a. Sleeping room,
minimum sq. ft.
Number of Persons
1 2 3 4 or more
-----------------------------
80 120 180 240 plus 60
for each addtl.
b. Dwelling unit (other 150 250 350
than kitchen), minimum
sq. ft.
person
450 plus 100
for each addtl.
person
4
2. In any other lodging units
maximum number of occupants shall
permitted in R -2c zones, the
be limited to the number
u
determined on
3. In
dormitories,
the same basis as for dwelling units.
buildings in R -2c zones, occupied as clubs,
sorority or fraternity houses, cooperative houses,
persons
and providing
sleeping accommodations for more than five (5)
persons, the
maximum number of occupants
so accommodated in any
contrary, once
habitable room shall be limited to
the number determined on the
dwelling unit is constructed and legally
basis of the
floor area, in square
feet, of the room divided by
not include additional
sixty (60) square
feet per occupant.
children
B. Nothina herein shall be construed to limit the maximum
size of anv room in a dwellinq unit. Bedrooms that exceed the
SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF ZONING
DISTRICTS.
1. That the list of zoning districts in Section 30.21,
Establishment of Zoning Districts, be amended to add the
following new zoning district, to be inserted after the
words 11R -2b Residential" and before the words 11R -3a
Residential ":
R -2c Residential
SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS.
1. That Section 30.25, District Regulations, be amended by
altering the District Regulations Chart as follows:
A. Under Column 2, Permitted Primary Uses, for the R -1
districts, delete "One- family dwelling" and add "One -
family detached dwelling ".
B. Under Column 2, Permitted Primary Uses, for the R -2
districts, delete "One- family dwelling" and add "One -
family detached or semi - detached dwelling ".
C. Under Column 2, Permitted Primary Uses, for the R -2
district, add the following:
118. R -2c only: One - family detached dwelling; zero -lot
line."
119. R -2c only: One - family attached dwelling."
minimum
square footage
in the above chart may
not sleep more
persons
unless the appropriate
lot size requirements are met.
C.
Notwithstanding
anything herein to the
contrary, once
an R -2c
dwelling unit is constructed and legally
occupied, the
term "occupant" shall
not include additional
minor dependent
children
that are added
to a household.
SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF ZONING
DISTRICTS.
1. That the list of zoning districts in Section 30.21,
Establishment of Zoning Districts, be amended to add the
following new zoning district, to be inserted after the
words 11R -2b Residential" and before the words 11R -3a
Residential ":
R -2c Residential
SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS.
1. That Section 30.25, District Regulations, be amended by
altering the District Regulations Chart as follows:
A. Under Column 2, Permitted Primary Uses, for the R -1
districts, delete "One- family dwelling" and add "One -
family detached dwelling ".
B. Under Column 2, Permitted Primary Uses, for the R -2
districts, delete "One- family dwelling" and add "One -
family detached or semi - detached dwelling ".
C. Under Column 2, Permitted Primary Uses, for the R -2
district, add the following:
118. R -2c only: One - family detached dwelling; zero -lot
line."
119. R -2c only: One - family attached dwelling."
1711
22 October 4, 1989
D. Under Column 2, Permitted Primary Uses, for the R -3
districts, delete "One- or two - family dwelling" and add
"One- family detached, semi - detached or attached
dwelling or two - family dwelling."
E. Under Column 2, Permitted Primary Uses, for the R -U
district, delete "One- or two - family dwelling" and add
"One- family detached, semi - detached or attached
dwelling or two - family dwelling."
F. Under Column 3, Permitted Accessory Uses, for the R -2
districts, add 1'3. R -2c only: Private garage for not
more than six (6) cars per building."
G. Under Column 6, Minimum Lot Size, Area in Square Feet,
change the following:
1. For the R -la zone, delete "One- family dwelling"
and add "One- family detached dwelling."
2. For the R -1b zone, delete "One- family dwelling"
and add "One- family detached dwelling."
3. For the R -2a zone, delete "One- or two - family
dwelling" and add "One- family detached or semi-
detached dwelling or two - family dwelling ".
4. For the R -2b zone, delete "One- or two - family
dwelling" and add "One- family detached or semi-
detached dwelling or two - family dwelling ".
5. For the R -3a zone, delete "One- or two - family
dwelling" and add "One- family detached or semi-
detached dwelling or two - family dwelling ".
6. For the R -3a zone, add "2. One - family attached
dwelling, new const.: 6,000 for first 1 - 3 units
+ 750 for each add'1 unit plus 500 per room let
for profit."
7. For the R -3a zone, renumber existing item 112." to
113.11.
8. For the R -3a zone, add "4: One - family attached
dwelling, conversion: 7,000 for first 1 - 3 units
+ 750 for each add'1 unit plus 500 per room let
for profit."
9. For the R -3a zone, renumber existing items 113.11,
" 4 . " and 115.11 t o " 5 . " , " 6 . " and "7.".
10. For the R -3b zone, delete "One- or two - family
dwelling" and add "One- family detached or semi-
detached dwelling or two - family dwelling."
11. For the R -3b zone, add "2. One - family attached
dwelling, new const.: 3,500 for first 1 - 3 units
+ 500 for each add'1 unit plus 300 per room let
for profit."
12. For the R -3b zone, renumber existing item 112." to
"3.".
13. For the R -3b zone, add 1'4. One- family attached
dwelling, conversion: 4,000 for first 1 - 3 units
+ 500 for each add'1 unit plus 300 per room let
for profit."
1_'7 5
23 October 4, 1989
14. For the R -3b zone, renumber existing items "3.",
" 4 . " and " 5 . " to " 5 . " , 116.11 a nd " 7 . " .
15. For the R -U zone, delete "One- family dwelling" and
add "One- family detached dwelling ".
16. For the R -U zone, delete "Two- family dwelling" and
add "One- family semi - detached or two - family
dwelling ".
17. For the R -U zone, add "3. One - family attached
dwelling: 16,500 for first 1 - 3 units plus 1,500
for each add'1 unit."
18. For the R -U zone, renumber existing items 113.11,
" 4 . " and " 5 . " to " 4 . " , " 5 . " and " 6 . " .
0
H. Under Column 61
Minimum Lot Size, Area in
Square Feet
add under a new
subdistrict heading "R -2c" as
follows:
detached or semi-
detached
dwelling or
[_?)
"1. One - family
detached dwelling: 2500
for first
'.
occupant, plus
500 for each additional
occupant.
and add "One-
2. One - family
detached dwelling, zero
-lot line:
detached
2,500 for
first occupant plus 500
for each
additional
occupant.
3. One- family semi - detached dwelling: 2000 for first
occupant in each dwelling unit plus 400 for each
additional occupant in each dwelling unit.
4. one - family attached dwelling: 1500 for the first
occupant in each dwelling unit plus 300 for each
additional occupant in each dwelling unit plus 500
for each additional occupant in each dwelling unit
in excess of five (5) occupants.
5. Two - family dwelling: 2000 for first occupant in
each dwelling unit, plus 400 for each additional
occupant in each dwelling unit.
6. Other uses: 4000."
I. Under Column 7, Minimum Lot Size, Width in Feet at
Street Line, change the following:
1. For the R -la zone, delete "One- family dwelling"
and add "One- family detached dwelling ".
2. For the R -lb zone, delete "One- family dwelling"
and add "One- family detached dwelling ".
5. For the R -3a zone, delete "One- or two - family
dwelling" and add "One- family detached or semi-
detached dwelling or two - family dwelling ".
6. For the R -3a zone, add 112. One - family attached
dwelling: 50."
7. For the R -3a zone, renumber existing items 112.11,
" 3 . " and " 4 . " to " 3 . " , " 4 . " and " 5 . " .
3. For the
R -2a zone,
delete "One- or two - family
dwelling"
and add "One-
family
detached or semi-
detached
dwelling or
two - family
dwelling ".
4. For the
R -2b zone,
delete "One- or two - family
dwelling"
and add "One-
family
detached or semi-
detached
dwelling or
two - family
dwelling ".
5. For the R -3a zone, delete "One- or two - family
dwelling" and add "One- family detached or semi-
detached dwelling or two - family dwelling ".
6. For the R -3a zone, add 112. One - family attached
dwelling: 50."
7. For the R -3a zone, renumber existing items 112.11,
" 3 . " and " 4 . " to " 3 . " , " 4 . " and " 5 . " .
117f;
W
VIA
L.
10
24 October 4, 1989
8. For the R -3b zone, delete "One- or two - family
dwelling" and add "One- family detached or semi-
detached dwelling or two - family dwelling ".
9. For the R -3b zone, add 112. One- family attached
dwelling: 40."
10. For the R -3b zone, renumber existing items 112.11,
" 3 . " and " 4 . " to " 3 . " , " 4 . " and 115.11.
11. For the R -U zone, delete "One- family dwelling" and
add "One- family detached dwelling ".
12. For the R -U zone, delete "Two- family dwelling" and
add "One- family semi - detached or two - family
dwelling ".
13. For the R -U zone,
dwelling: 125."
14. For the R -U zone,
114.11 and " 5 . " to 114
Under Column 7, Minimul
Street Line, add under a
as follows:
add 113. One- family attached
renumber existing items "3.",
" r If 5. " and 116 "
n Lot Size, Width in Feet at
new subdistrict heading "R -2c"
"1.
One - family
detached
dwelling:
40.
2.
One - family
detached
dwelling,
zero -lot line:
35.
40.
3.
One - family
semi - detached
dwelling:
50.
4.
One- family
attached
dwelling:
50.
5.
Two - family
dwelling:
50.
6.
Other Uses:
40."
Under Column 8, Maximum Building Height, Number of
Stories, add under a new subdistrict heading "R -2c":
"3".
Under Column 9, Maximum Building Height, Height in
Feet, add under a new subdistrict heading "R -2c":
"35 ".
Under Column 10, Maximum Percent Lot Coverage By
Buildings, add under a new subdistrict heading "R -2c"
as follows:
"1.
One - family
detached
dwelling:
35.
2.
One - family
detached
dwelling,
zero -lot line:
35.
3.
One - family
semi - detached dwelling:
40.
4.
One - family
attached
dwelling:
50.
5.
Two - family
dwelling:
40.
6. Other Uses: 35."
N. Under Column 11, Yard Dimensions, Front, Minimum
Required, add under a new subdistrict heading "R -2c":
"10".
It
I "l l
25 October 4, 1989
O. Under Column 12, Yard Dimensions, Side, One Side at
Least, add under a new subdistrict heading "R -2c" as
follows:
"l. One - family detached dwelling: 10.
2. One- family detached dwelling,
(40�_ zero lot line: 15.
3. One - family semi - detached
dwelling, unattached sides
only: 10.
4. One - family attached dwelling,
unattached sides only: 10.
5. One - family attached dwelling,
attached sides: 0.
6. Two - family dwelling: 5.
7. Other uses: 5."
Q. Under Column 14, Yard Dimensions, Rear, Percent of
Depth, add under a new subdistrict heading "R -2c ":
"25".
R. Under Column 15, Yard Dimensions, Rear, Maximum
Required in Feet, add under a new subdistrict heading
"R -2c": 1150 ".
SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL
CONDITIONS AND SPECIAL PERMITS.
1. That Section 30.26(B), Special Conditions, pertaining to
Group Care Residence, be amended by amending 113. Density
controls at individual facility level" as follows:
(R -2b) R -2b and R -2c
All other provisions in the chart contained in Section
30.26(B) shall remain the same.
2. That Section 30.26(C)(4)(iv) be amended as follows:
(iv) Specific standards applicable to a school and
related buildings in all Residential Districts
(R -1, R -la, R -lb, R -2, R -2a, R -2b, R -2c, R -3,
R -3a, R -3b, R -U):
5. Two - family dwelling: *10.
�r
6. Other uses:
10."
P. Under Column 13, Yard Dimensions, Side,
Other Side at
0..i
Least, add under a new subdistrict heading "R -2c" as
follows:
"l. One - family detached dwelling:
5.
2. One - family detached dwelling,
zero -lot line:
0.
3. One - family detached dwelling,
zero -lot line, on side abutting a
non - zero -lot line building or lot:
10.
(600"
4. One - family semi - detached dwelling,
attached sides:
0.
5. One - family attached dwelling,
attached sides: 0.
6. Two - family dwelling: 5.
7. Other uses: 5."
Q. Under Column 14, Yard Dimensions, Rear, Percent of
Depth, add under a new subdistrict heading "R -2c ":
"25".
R. Under Column 15, Yard Dimensions, Rear, Maximum
Required in Feet, add under a new subdistrict heading
"R -2c": 1150 ".
SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL
CONDITIONS AND SPECIAL PERMITS.
1. That Section 30.26(B), Special Conditions, pertaining to
Group Care Residence, be amended by amending 113. Density
controls at individual facility level" as follows:
(R -2b) R -2b and R -2c
All other provisions in the chart contained in Section
30.26(B) shall remain the same.
2. That Section 30.26(C)(4)(iv) be amended as follows:
(iv) Specific standards applicable to a school and
related buildings in all Residential Districts
(R -1, R -la, R -lb, R -2, R -2a, R -2b, R -2c, R -3,
R -3a, R -3b, R -U):
175
26
SECTION 5. EFFECTIVE DATE.
October 4, 1989
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section
3.11(B) of the Ithaca City Charter.
Alderperson Booth explained that when this issue was discussed at
the committee meeting, there were different density square
footages than are in the main motion. Deputy Planning Director
Mazzarella prepared an "Alternate R -2c Development Densities"
which was considered by the Charter and Ordinance Committee.
Alderperson Booth said that he would like to move those alternate
densities.
Resolution
By Alderperson Booth: Seconded by Alderperson Nichols
RESOLVED, That the "Alternate R -2c Development Densities ",
considered by the Charter and Ordinance Committee, be adopted by
the Common Council.
Discussion followed on the Alternate R -2c Development Densities
and Deputy Planning Director Mazzarella answered questions from
Council members.
ALTERNATE R -2c DEVELOPMENT DENSITIES CONSIDERED
BY THE CHARTER AND ORDINANCE COMMITTEE
TYPE OF DWELLING UNIT
One - family detached dwelling
One - family detached dwelling,
zero -lot line
One - family semi - detached dwelling
One - family attached dwelling
Two - family dwelling
Other uses
MINIMUM LOT SIZE,
AREA IN SQ. FT.
3000 for first occupant
plus 400 for each add'1
occupant.
3000 for first occupant
for first occupant lot
plus 400 for each add'1
occupant.
2500 for first occupant
in each dwelling unit
plus 400 for each add'1
occupant in each dwelling
unit.
2500 for first occupant
in each dwelling unit
plus 400 for each add'1
occupant in each dwelling
unit plus 600 for each
add'1 occupant in excess
of five occupants.
2500 for first occupant
in each dwelling unit
plus 400 for each add'1
occupant in each dwelling
unit.
4000.
Further discussion followed on the floor.
D
117 19
27 October 4, 1989
Alderperson Booth suggested that Item #3 which begins "In
buildings in R -2c zones occupied as clubs," etc. be stricken from
the document. He also withdrew the motion calling for the Public
Hearing.
Motion to Refer to Committee
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the amendment to Chapter 30, Entitled 'Zoning' of
the City of Ithaca Municipal Code Pertaining to the Establishment
of a New R -2c Zoning District be referred to the Planning and
Development Committee for review and report back to Common
Council.
Carried Unanimously
Alderperson Booth, due to the lateness of the meeting, withdrew
his three reports under the Charter and Ordinance Committee.
t' BUDGET AND ADMINISTRATION COMMITTEE:
* 15.1 GIAC Improvements - Hire Mediator
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That the Planning Department be authorized to enter
9 into an agreement with the Community Dispute Resolution Center,
for the provision of mediation services in connection with the
. °_ space needs dispute between the GIAC Board and the Drop -In
Children's Center, at an amount not to exceed $1,000.00, and be
it further
RESOLVED, That the funding for this contract be advanced from the
General Fund, pending the formal establishment of Capital Project
for the final design and construction of GIAC renovations.
Ayes (7) - Schlather, Killeen, Johnson, Cummings, Lytel,
Peterson, Hoffman
Nays (3) - Nichols, Booth, Romanowski
Carried
* 15.2 Authorize Mayor to Enter into an Agreement for
Architectural Services in Connection with the Schematic Design of
the GIAC Pool
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That the Mayor be authorized to execute an agreement
with the selected architect, H.O.L.T. Associates, for the
preparation of a Schematic Design of the GIAC Pool, at an amount
not to exceed $9,780.00, and be it further
RESOLVED, That the cost of this Schematic Design Phase be paid
from Capital Project #217 for said GIAC Pool construction.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That the amount of money for the Schematic Design of
the GIAC pool be $11,880.00.
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
* 15.3 Youth Bureau - Amend Youth Development Budget
By Alderperson Schlather: Seconded by Alderperson Peterson
WHEREAS, we have received verbal confirmation from the New York
Education Department for additional funding for the Youth at Risk
and Community Partnership Program; now, therefore, be it
RESOLVED, That the 1989 budget be amended by increasing
appropriation line A7310 -110 Youth Bureau Personal Services, by
$2,097.00, in order to expand an existing youth worker position
to full time for the remainder of 1989, and be it further
180
October 14, 1989
RESOLVED, That said Youth Worker position be reclassified to the
position of Youth Program Coordinator, subject to necessary
approval by the Civil Service Commission, and be it further
RESOLVED, That account A7310 -405 be increased by $2,000.00, for
the upgrade of the existing Telephone System, for use in
connection with this Grant Program, and be it further
RESOLVED, That estimated revenue A3820 State Aid for Youth
Programming be conversely increased by the total of $4,097.00,
and that the implementation of expanded programs described herein
be made subject to the receipt of written confirmation of the New
York State Education Department.
Carried Unanimously
* 15.4 Youth Bureau - Amend GIAC Budget 1989 and 1990
By Alderperson Schlather: Seconded by Alderperson Peterson
WHEREAS, the Youth Bureau has received written confirmation from
the Ithaca City School District of the approval of a grant for
$11,600. to expand existing GIAC Youth Program Services; now,
therefore, be it
RESOLVED, That the 1989 Budget be amended by increasing
appropriations, Line A7311 -120 GIAC Personal Services, by $2,958.
and line A7311 -460 GIAC Program Supplies, by $750., for the
operation of this Program for the balance of 1989, and be it
further
RESOLVED, That Estimated Revenue account A2350, Youth Services
Other Governments, be conversely increased by 3,708.
Carried Unanimously
* 15.5 Request for Attorney's Fees - GIAC Director Arbitration
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That $8,200. be transferred from account A1990,
Unrestricted Contingency, to account A1420 -430, Fees for
Professional Salaries, to pay the final bill for Legal Services
in connection with the GIAC Director Arbitration Proceeding.
Carried Unanimously
* 15.6 Youth Bureau - Upgrade Art Program Supervisor Position
and Salary Adjustment
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That the present position held by Ruth Davis, of Art
Program Supervisor, be and is hereby reclassified to the position
of Recreation Supervisor, and be it further
RESOLVED, That Ruth Davis be appointed to said position at an
annual salary of $19,627, which is Step #3 on the CSEA
Administrative Compensation Schedule, effective October 9, 1989.
Carried Unanimously
* 15.7 Finance Department - Approval of Mayor's Recommendation
for Deputy City Clerk
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That Julie Boyle be appointed to the position of Deputy
City Clerk, at an annual salary of $20,412., which is Step 4 of
the CSEA Administrative Unit Compensation Plan, effective October
16, 1989.
Carried Unanimously
* 15.8 Personnel Assistant Position
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That Liza Patz be appointed to the position of
Personnel Associate on a provisional basis, at an annual salary
of $25,000., effective October 10, 1989.
Carried Unanimously
�'i
181
29 October �1,4, 1989
* 15.9 Police Department - Authorize New Telephone System
By Alderperson Schlather: Seconded by Alderperson Peterson
WHEREAS, the Police Chief has recommended that the low bid
submitted by All -Mode Communications, Inc. be accepted for
replacement of the existing Police Department Telephone System,
and
WHEREAS, the base bid price of $27,262. exceeded available funds
by $3,684.; now, therefore, be it
RESOLVED, That the Police Department Authorized Equipment List be
increased by $3,684., such funding to be provided by a transfer
from A1990 Unrestricted Contingency, to A3120 -225 Other
Equipment, of said amount, and be it further
RESOLVED, That the Police Chief be authorized to enter into an
agreement with All -Mode Communications, for equipment and
�# installation thereof.
Ayes (9) - Schlather, Booth, Killeen, Peterson, Cummings,
Nichols, Johnson, Lytel, Hoffman
Abstention (1) - Romanowski (conflict of interest)
-a Carried (9 -0)
* 15.10 Police Department - Authorization for Conversion of
Fire Arms
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the Police Department be authorized to change
firearms from revolvers at present, to semi - automatic weapons.
Alderperson Schlather gave background information on the
(Wo", resolution.
Ayes (8) - Romanowski, Killeen, Schlather, Lytel, Cummings,
Booth, Nichols, Johnson
Nays (2) - Peterson, Hoffman
Carried
* 15.11 Police Department - Authorization to Siqn Court Securitv
Contract
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the Police Chief be authorized to execute an
agreement with the New York State Unified Court System, for the
provision of Court Security Services, subject to review and
approval of related contract terms and conditions by the City
Attorney.
Carried Unanimously
* 15.12 Planning Department - Revision of Contract Approval
Policy
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That the City Policy for approval and execution of City
Contracts for Personal Services be established as follows:
A. Contracts for amounts less than $500., when prepared on
a boiler plate form contract developed by the City
(6woo� Attorney, shall require approval of signature of both
the Department Head giving rise thereto, and of the
City Controller for availability of funds. Any
deviation from the approved form would require further
review and approval by the City Attorney.
B. Contracts of $500. or more but less than $2,000., shall
require all the approvals disclosed in A. above, plus
the approval of the City Attorney in all instances.
C. Contracts in the amount of $2000. or more shall require
all approvals presented heretofore in clauses A and B
above, plus the approval of the Mayor and the
Chairperson of the Budget and Administration Committee.
-1 8 6"
9M
October A-4, 1989
D. All contracts approved by the process presented herein
shall as a matter of practice, be published on a
monthly basis by the City Controller. The detailed
listing shall include date of the Contract, the Amount,
the Vendor, the City Department affected, and a brief
description of the purpose of said Contract.
Carried Unanimously
* 15.13 Bond Resolution - Fire Vehicles
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That a Bond Resolution authorizing the issuance of
$880,000 in Serials Bonds for the purchase of Fire - fighting
Vehicles be, and is hereby approved.
BOND RESOLUTION DATED OCTOBER 4, 1989
A RESOLUTION AUTHORIZING THE ISSUANCE OF $880,000 SERIAL BONDS
OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST
OF THE PURCHASE OF FIRE - FIGHTING VEHICLES FOR SAID CITY.
BE IT RESOLVED, by the Common Council of the City of Ithaca,
Tompkins County, New York, as follows:
Section 1. For the class of objects or purposes of paying
part of the cost of the purchase of fire - fighting vehicles,
including apparatus to be used in connection therewith, there are
hereby authorized to be issued $880,000 serial bonds of the City
of Ithaca, Tompkins County, New York pursuant to the provisions
of the Local Finance Law.
Section 2. It is hereby determined that the maximum
estimated cost of the aforesaid class of objects or purposes is
$880,000 and that the plan for the financing thereof is by the
issuance of the $880,000 serial bonds of said City authorized to
be issued pursuant to this bond resolution. Further details
concerning said bonds will be prescribed in a further resolution
or resolutions of this Common Council.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purposes
is twenty years, pursuant to subdivision 27 of paragraph a of
Section 11.00 of the Local Finance Law; provided, however, that
the maximum maturity of the serial bonds herein authorized shall
not exceed ten years, and that, pursuant to Section 107.00(d) (4)
of the Local Finance Law, no down payment is required in
connection herewith.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the City Controller, the chief
fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such a manner, as may be
prescribed by said City Controller, consistent with the
provisions of the Local Finance Law.
Section 5. The faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for
the payment of the principal of and interest on such obligations
as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year.
I S
31 October *4, 1989
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1. Such obligations are authorized for an object or
purpose for which said City is not authorized to expend
3. Such obligations are authorized in violation of the
1sd provisions of the Constitution.
Section 7. This resolution, which takes effect
immediately, shall be published in full in the Ithaca Journal,
the official newspaper, together with a notice of the City Clerk
in substantially the form provided in Section 81.00 of the Local
�xy Finance Law.
Alderperson Schlather gave background information on the Bond
Resolution.
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call which resulted as follows:
Aye
money, or
(400e Aye
- Cummings
(4wool
2. The provisions of law which should be
complied with at
- Killeen
the date of
publication of this resolution
are not
substantially
complied with
and an action, suit or
proceeding contesting
such validity is
commenced within twenty
days after the date of
such publication,
or
3. Such obligations are authorized in violation of the
1sd provisions of the Constitution.
Section 7. This resolution, which takes effect
immediately, shall be published in full in the Ithaca Journal,
the official newspaper, together with a notice of the City Clerk
in substantially the form provided in Section 81.00 of the Local
�xy Finance Law.
Alderperson Schlather gave background information on the Bond
Resolution.
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call which resulted as follows:
Aye
- Romanowski
(400e Aye
- Cummings
Aye
- Booth
Aye
- Killeen
Aye
- Johnson
Ayes (10)
Aye
- Schlather
Aye
- Lytel
Aye
- Nichols
Aye
- Peterson
Aye
- Hoffman
Carried Unanimously
* 15.14 DPW - Increase Capital Project #211
By Alderperson Schlather: Seconded by Alderperson Cummings
WHEREAS, the Department of Public Works has established a program
for the upgrade of its Computer System, and
WHEREAS, the first phase of said program exceeds the amount
previously established for this purpose in Capital Project #211
Computer Acquisition, by $9,000.; now, therefore, be it
RESOLVED, That Capital Project #211, Computer Acquisition, be
increased by $9,000, and be it further
RESOLVED, That the purchase of such equipment be financed by the
issuance of Bond Anticipation Notes.
Carried Unanimously
* 15.15 DPW - Authorize Release of Restricted Contingency Funds
(4000" for Stewart Park
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That $40,000 be transferred from Account A1990,
Restricted Contingency, to Account A7112 -435, Stewart Park
Contractual Services, in the amount of $12,236 and to A7112 -483,
Stewart Park Construction Supplies, in the amount of $27,764, in
order to complete various Stewart Park Renovation Projects.
Discussion followed on the floor on the improvements that are to
be done. These include the bathrooms, roof on the boat house,
asbestos removal, and sodding over the gabions.
A vote on the resolution resulted as follows:
Carried Unanimously
184
32 October V, 1989
* 15.16 DPW - Authorize Release of Restricted Contingency Funds
for Youth Bureau Buildinq
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That $13,000 be transferred from Account A1990,
Restricted Contingency, to Account A1623 -435, Youth Bureau
Facility Contractual Services, in the amount of $3,000. and to
Account A1623 -483, Youth Bureau Facility Construction Supplies,
in the amount of $10,000., in order to perform acoustical ceiling
improvements within said facility.
Carried Unanimously
* 15.17 DPW - Acquisition of Electronic Surveying Equipment from
Various Capital Projects
By Alderperson Schlather: Seconded by Alderperson Romanowski
WHEREAS, the Engineering Department has determined that the
acquisition of electronic and laser surveying equipment will
improve efficiency significantly, and reduce staffing
requirements in the performance of said duties; now, therefore,
be it
RESOLVED,
electronic
further
RESOLVED,
follows:
That $20,000 be authorized for the acquisition of
and laser surveying and related equipment, and be it
That the funding of such purchase be
A. Capital Project #225 Hudson St. Recon.
B. Capital Project #223 Elm St. Recon.
C. Capital Project #211 Computer Acquisition
D. Transfer from Account A1990, Restricted
Contingency for the Southwest Drainage
Study to Account A1440 -225, Other Equipment,
including authority to amend the Authorized
Equipment List by such partial purchase
Total
financed as
$3,000
3,000
4,000
10,000
$20,000
Carried Unanimously
* 15.18 Finance Department - Authorization for Budget Transfers
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That the City Controller be empowered to makes
transfers within the 1989 Budget Appropriations as needed, for
the remainder of the 1989 fiscal year.
Carried Unanimously
* 15.19 Finance Department - Authorization for Salary Adjustment
By Alderperson Schlather: Seconded by Alderperson Romanowski.
WHEREAS, City Controller Dominick Cafferillo has been assigned to
serve as Acting Purchasing Agent and has been directed to perform
the full duties of the Purchasing Agent during the search for a
new Purchasing Agent, and
WHEREAS, while Etta Gray will not be expected to perform
additional duties beyond her regular job assignment, her daily
workload may increase due to the physical absence of the
Purchasing Agent from the department; now, therefore, be it
RESOLVED, That Etta Gray shall receive a temporary 10% salary
increase (from $17,635 to $19,399) in recognition of the
increased volume of her work, effective September 15, 1989 and
continuing until a new Purchasing Agent is appointed.
Carried Unanimously
R5
33 October 14, 1989
* 15.20 Authorize Mayor to Sign Agreement for 1990 Cultural
Services
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That the City act as the sponsoring agency for a New
York State Council of the Arts Decentralization Grant, which
Grant will be used to improve the quality of existing programming
of the Tompkins County Country Dances Organization.
Carried Unanimously
* 15.21 Audit
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That bills presented, as listed on Audit Abstract
#18/1989, in the total amount of $33,340.08, be approved for
payment.
Carried Unanimously
V * 15.22 A Local Law Amending Ithaca City Charter, Article IV
Entitled 'Taxation and Assessment', Section 4.6 Thereof Entitled
'Purchase by City' - Lift from Table
.? By Alderperson Schlather: Seconded by Alderperson Hoffman
s
r' LOCAL LAW NO. OF THE YEAR 1989
lz=
A LOCAL LAW AMENDING ITHACA CITY CHARTER, ARTICLE IV
ENTITLED 'TAXATION AND ASSESSMENT', SECTION 4.6 THEREOF ENTITLED
'PURCHASE BY CITY'
BE IT ENACTED by the Common Council of the City of Ithaca,
New York as follows:
SECTION 1. AMENDING ARTICLE IV, SECTION 4.6 THEREOF
Section 4.6 (E) of Article IV of the Ithaca City Charter is
hereby amended to read as follows:
E. Purchase by City
If there is no other bidder for any parcel of land duly
advertised and offered for sale pursuant to this Section, it
shall be lawful for, and the City of Ithaca, by the City
Chamberlain or one of the Chamberlain's deputies, may bid in said
parcel of land for the City of Ithaca pursuant to the same rules
and regulations as to docketing, redemption and tax deed as
herein provided. Notwithstanding the above the Common Council
may by resolution authorize and direct the City Chamberlain, on
behalf of the City of Ithaca, to purchase lands at the tax sale,
without competitive bidding, for the gross amount due.
SECTION 2. EFFECTIVE DATE
This Local Law shall take effect immediately after filing in
the Office of the Secretary of State.
Carried Unanimously
HUMAN SERVICES COMMITTEE:
* 16.1 GIAC Renovations
By Alderperson Peterson: Seconded by Alderperson Johnson
WHEREAS, the Common Council performed a study of space allocation
at GIAC and established a capital project to renovate the GIAC
building in part because the Drop -In Children's Center (DICC) was
seeking to become a fully licensed, full time operation, and
WHEREAS, in August 1988 the DICC and GIAC signed a memorandum "to
establish a partnership arrangement between the two parties for
the provision of day care services," and
WHEREAS, following the original architect's report the Acting
Director of GIAC conducted a more detailed analysis of the space
needs of its programs, and
Is(,)
34
October 14, 1989
WHEREAS, as a result of the more detailed evaluation the GIAC
Board has expressed concern about the ability of GIAC to continue
to serve its current programs as well as expand into new areas as
new needs develop, and
WHEREAS, the Common Council concurs with the GIAC board that the
GIAC building is in need of extensive general repairs and
renovations and that a further study is needed, and
WHEREAS, that without professional expertise the City finds
itself unable to concur that the addition of an expanded day care
operation would harm GIAC programs; now, therefore, be it
RESOLVED, That the City wishes to continue to pursue the
possibility of an expanded day -care operation at GIAC if it can
be done without compromising GIAC's programs, and be it further
RESOLVED, That the City requests
the Community Dispute Resolution
a more productive relationship,
this purpose, and be it further
that both organizations accept
Center's (CDRC) aid in building
and that $1000 be allocated for
RESOLVED, That the Client Committee already established to work
on the pool renovations be amended to include a representative
from the DICC, but that when meeting on GIAC building renovations
the representatives of the Cass Park Pool and Ithaca City School
District not be included, and be it further
RESOLVED, That the GIAC Renovations Client Committee and the
Department of Planning and Development initiate the architect
selection process for the building renovations, and be it further
RESOLVED, That the architect be directed to review the program
needs of both GIAC and DICC and with the aid of the mediator to
help both sides determine if they can co -exist in the building,
and be it further
RESOLVED, That the City requests that the Ithaca City School
Board make the Central School Building available for GIAC
programs after school hours and during the summertime, and that
this be pursued regardless of whether or not it is possible to
accommodate an expanded day care operation at GIAC.
Alderperson Peterson gave background information on the
resolution and discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Schlather, Romanowski, Cummings,
Peterson, Hoffman, Killeen
Nays (2) - Booth, Nichols
Carried
Johnson, Lytel,
Motion to Extend Common Council Meeting
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That this Common Council meeting be extended until
12:45 a.m.
Carried Unanimously
Handicapped Access - Report
Alderperson Peterson reported that the Human Services Committee
is working on the handicapped access issue.
Meeting Date for Reproductive Choice - Report
Alderperson Peterson reported that the meeting date for
reproductive choice testimony has been set for October 30th.
There will be more information forthcoming on this issue at a
later time.
Irn
I.y .ti
35
L COMMI
October �4, 1989
Senior Citizens Council
Alderperson Killeen reported that in anticipation of changing
leadership in Ithaca City government, the Board of Directors of
the Senior Citizens Council at their September 21, 1989 meeting
requested that the City of Ithaca continue their good faith
efforts to help establish a new Senior Center, which as a first
priority, is to be located within the City of Ithaca.
Alderperson Killeen presented to Council demographic information
indicating the number of senior citizens residing in the City and
in the County, based upon registered voter data.
Resolution to Common Council from the Conservation Advisory
Council Regarding Transfer of Festival Lands to State
Alderperson Johnson stated that he is going to take this
resolution back to the CAC in light of the proposal that was made
tonight by the Planning and Development Committee.
Rental Housing Task Force
Alderperson Killeen read the following report to Council:
"Cornell today (10/4/89) briefed local officials and made public
their extensive, year -long CRESAP Housing Study. The document
indicates that Cornell has 6,900 beds occupied preponderantly by
first and second year students. Only 12% of Cornell's beds are
in Collegetown which students indicate is their preferred area of
residence. The Study recommends Cornell add 1,600 new beds over
the next 8 years at a cost of $68 million. As Cornell assesses
this Study, a series of collaborative planning sessions with
local officials are anticipated prior to a scheduled January 1990
report, possibly including action recommendations, to Cornell's
Board of Trustees. Copies of the CRESAP Study will be made
available to Common Council by the Planning and Development
Director."
UNFINISHED AND MISCELLANEOUS BUSINESS:
Post Office Meeting
Alderperson Lytel asked that Council set a date to meet with the
postal official in regards to the re- location of the Ithaca Post
Office workers. Three dates were suggested - October 16, 17 or
18th. Alderperson Lytel will contact the Postmaster and try to
set up a date with him.
EXECUTIVE SESSION:
By Alderperson Cummings: seconded by Alderperson Johnson
RESOLVED, That Common Council adjourn into Executive Session to
discuss land acquisition.
Carried Unanimously
ADJOURNMENT:
Common Council came out of Executive Session and on a motion the
meeting adjourned at 12:45 a.m.
Callista F. Paolangel
City Clerk
� rs'i
t
Regular Meeting
PRESENT:
Mayor Gutenberger
(Wwo'� I
Alderpersons (10)
OTHERS PRESENT:
1
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
7:00 P.M. October 4, 1989
- Booth, Cummings, Johnson, Nichols, Hoffman,
Killeen, Lytel, Peterson, Schlather,
Romanowski
City Clerk - Paolangeli
City Controller - Cafferillo
City Attorney - Nash
Director, Planning & Development - Van Cort
Police Chief - McEwen
r- Personnel Administrator - Walker
Building Commissioner - Datz
Fire Chief - Olmstead
Acting Superintendent of Public Works - Fabbroni
City Chamberlain - Parsons
Director, Youth Bureau - Cohen
Board of Public Works Commissioner - Reeves
Deputy Director, Planning & Development - Mazzarella
PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance to
the American flag.
MINUTES•
Approval of Minutes of the September 6, 1989 Common Council
Meeting
The approval of the Minutes of the September 6, 1989 Common
Council meeting were postponed until the November 1, 1989 Common
Council meeting.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Human Services Committee
Alderperson Lytel requested the addition of Item 16.4, Emergency
Shelter at Southside - Resolution.
No Council member objected.
Planning and Development Committee
Alderperson Cummings requested the deletion of Item 17.6(a),
Industrial Zoning, I -1 - Negative Declaration Resolution.
Alderperson Cummings noted that on Item 17.9, Festival Lands
Resolution, there are a series of amendments.
No Council member objected.
Executive Session
Alderperson Cummings requested the addition of an Executive
Session at the end of the Council meeting to discuss land
acquisition.
No Council member objected.
Report of Special Committees and Council Liaisons
Alderperson Killeen requested the addition of a report from the
Rental Housing Task Force.
No Council member objected.
2
MAYOR'S APPOINTMENTS:
Ithaca Housing Authority
Mayor Gutenberger requested the approval
the re- appointment of Frank Slattery, 960
the Ithaca Housing Authority with a term
1994.
October 4, 1989
of Common Council for
East State Street to
to expire October 17,
Resolution
By Alderperson Johnson: Seconded by Alderperson Killeen
RESOLVED, That this Council approves the re- appointment of Frank
Slattery to the Ithaca Housing Authority with a term to expire
October 17, 1994.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COMMON COUNCIL:
GIAC Improvements
Diane Sams, addressed the Council regarding Human Services
Committee agenda item 1, GIAC Renovations. She stated that the
GIAC Board has also drafted a resolution and she urged the
Council to take that resolution under consideration as well as
the one from the Human Services Committee.
Ms. Sams commented that the GIAC Board members will be holding an
orientation session on October 19th and she extended an
invitation to Council members and the Mayor to attend.
Homeless Shelter
The following persons spoke to Council regarding the City of
Ithaca Homeless Shelter at Southside Community Center:
Rev. Daniel Little, 1315 Hanshaw Road
Terry Pasco, 121 Prospect Street
Donald Woodman, Benjamin Hill Road, Newfield
Susan LaBarre, 112 Cascadilla Street
Alexandra Misita, 211 Anna Comstock Hall
Gregg Spence Wolf, G3190 Pleasant Grove Road
Festival Lands
Doria Higgins, 2 Hillcrest Drive, appeared before Common Council
on behalf of "Citizens to Save Our Parks" and read the following
statement to Council:
"A key issue involved in your vote tonight on the resolution
concerning transfer of the Festival Lands at Cass Park to the
Fingerlakes State Parks is whether or not the Festival Lands are
now park land. Ralph Nash, City Attorney, has said if they are
park land, eight votes would be needed to pass tonight's
resolution.
He, as you know, has asserted in a memorandum dated March 1,
1988, that the Festival Lands are not park land. However, that
memorandum ignored the solid, indisputable facts which uphold the
position that the Festival Lands are park land.
The concept of "implied dedication of park land" is firmly
established in New York State law. This concept means that land
which has been commonly used as park land over a period of time
earns, by virtue of such usage, the legal designation of park
land, and the concomitant protection of such designation.
A memorandum on the alienation of parks written by the City of
New York Parks and Recreation (a document incidentally which we
made available to Mr. Nash before he wrote his memorandum)
describes implied dedication thus: "In summary, formal
dedication of municipal property to a public use and/or
continuous public use with the acquiescence of a municipality
renders a park designation irrevocable until such time as the
State Legislature authorizes its discontinuance."
3 October 4, 1989
That the Festival Lands have earned the designation of park land
is supported by the following.
First, most of our community thinks the Festival Lands are part
of Cass Park and the community has. used it as a park for years.
In fact, the yearly Kite Festival which is held on the Festival
Lands is advertised in the local media as being held at Cass
Park.
Second, the Festival Lands over the past years have been mowed
and maintained by City Parks maintenance crews thereby attesting
to "the acquiescence of our municipality." About three years ago
State Parks, when they started building their new sixth pier at
the marina, took over the task of mowing and other maintenance. **
Third, the April 6, 1983 Common Council resolution which
expressed "a willingness in principle to negotiate eventual sale"
Fourth, there is even earlier evidence in the original 1967
tripartite agreement between the City, the State of New York and
the Center for the Arts at Ithaca that the Festival Lands have
become designated park land. The tripartite agreement, among
other things, allocated the use and functions of the lands
involved and the Festival Lands were intended to house the Center
for the Arts and its theater; however, the Center and its theater
never eventuated because of lack of funds. The tripartite
agreement reads, "the City shall retain and develop for park and
recreational purposes that portion of Cass Park and Old Municipal
Airport property... not conveyed to the State or leased to the
Center." Since the Festival Lands never were leased to the
Center it seems clear that they became park land by reason of
default of their original intended use.
About 6 or 7 years ago part of the Festival Lands was roughed up
by a bulldozer and dredge dumping, but the rest continued to be
mowed. Since the other conditions of the 1967 agreement still
prevail there is no reason why the above quoted condition should
not also prevail.
I'd like to comment briefly on City Attorney Nash's memorandum of
March 1, 1988. That memorandum cites only three court decisions,
all three of which were also cited in the New York City Parks
memorandum which we had made available to him. However, they
were cited by New York City Parks as examples of the legal
validity of park land designation to land that has been used by a
community as park land over an extended period of time. In other
words, the court cases cited in Mr. Nash's own memorandum do not
support his assertion that the Festival Lands are not park
land.
of the Festival Lands, itself acknowledged
in the body
of the
(600"
resolution that the Festival Lands has been
designated
as park
adjoining the
land. The sixth WHEREAS of that resolution reads, "WHEREAS,
2
these lands have recently been designated
for use as
playing
the fact that the
fields for women's athletic teams since
relocation
of the
park land and have
theater..."
been so for years. Why destroy this beautiful
promenade which is
Fourth, there is even earlier evidence in the original 1967
tripartite agreement between the City, the State of New York and
the Center for the Arts at Ithaca that the Festival Lands have
become designated park land. The tripartite agreement, among
other things, allocated the use and functions of the lands
involved and the Festival Lands were intended to house the Center
for the Arts and its theater; however, the Center and its theater
never eventuated because of lack of funds. The tripartite
agreement reads, "the City shall retain and develop for park and
recreational purposes that portion of Cass Park and Old Municipal
Airport property... not conveyed to the State or leased to the
Center." Since the Festival Lands never were leased to the
Center it seems clear that they became park land by reason of
default of their original intended use.
About 6 or 7 years ago part of the Festival Lands was roughed up
by a bulldozer and dredge dumping, but the rest continued to be
mowed. Since the other conditions of the 1967 agreement still
prevail there is no reason why the above quoted condition should
not also prevail.
I'd like to comment briefly on City Attorney Nash's memorandum of
March 1, 1988. That memorandum cites only three court decisions,
all three of which were also cited in the New York City Parks
memorandum which we had made available to him. However, they
were cited by New York City Parks as examples of the legal
validity of park land designation to land that has been used by a
community as park land over an extended period of time. In other
words, the court cases cited in Mr. Nash's own memorandum do not
support his assertion that the Festival Lands are not park
land.
The facts presented in this statement make it clear that the
Festival Lands long ago earned the legal designation of park land
and the legal protection which accompanies that designation.
And, as Mr. Nash has told us, if the land is park land you will
need eight votes to pass the Festival Lands resolution before you
All of us who
love to walk to the lake shore
along that part of
(600"
the Festival
Lands which is a broad, green grassy boulevard
adjoining the
marina (the only pedestrian access
to the lake on
the west side
of the inlet) are witnesses to
the fact that the
Festival Lands
are daily used and enjoyed as
park land and have
been so for years. Why destroy this beautiful
promenade which is
a pleasure for everyone, all year long, just
to accommodate 58
boat owners in
the summer months?
The facts presented in this statement make it clear that the
Festival Lands long ago earned the legal designation of park land
and the legal protection which accompanies that designation.
And, as Mr. Nash has told us, if the land is park land you will
need eight votes to pass the Festival Lands resolution before you
4 October 4, 1989
tonight, - that is to pass it legally and properly. In any
event, aside from the important legal considerations, we are
opposed to the transfer of the land for the purpose of enlarging
the marina, because urwe ge o you
on those grounds
serve
also not toevote
public good, and g Y
for the transfer.
It is true that in one of those cases, Pearlman v. Anderson,
the
court ruled that the land in question was not park land. The
New York City Parks memorandum, however, commented, "the result
may have been different had there been stronger evidence of
continuous public use sufficient to constitute an implied
dedication..."
Note: All Underlining in this statement added by the Citizens to
Save our Parks Group.
Octopus
Vincent Fuchs, addressed Common Council regarding the issue o
the Octopus and urged support of the A -1 alternative.
Sciencenter
Ilma Levine, 71 Brooktondale Road, read the following statement
to Council on behalf of the Sciencenter:
"I would like to express appreciation for the expedient manner in
which the Northside City Lands Committee has been established and
has undertaken the task of determining availability and
appropriate uses for city owned Northside property, specifically
the old sewage treatment site.
We would also like to express appreciation to the DPW for the
completion of its study on facility needs as an essential part of
that planning process.
We wish to emphasize our commitment to remaining within the city
limits and our conviction that location of the Sciencenter and
also of the Senior Citizens Center at the old sewage treatment
site will be beneficial to the residents of the surrounding
neighborhood as well as to residents of the rest of the city and
the county.
We would also like to draw your attention to the fact that
orary limited p
despite our temp space in Center Ithaca we
are continuing to play a significant role in both informal and
ently involved in after
formal science education. We are curr
school activities at school sites, and are completing g a science
at Southside Community Center,
place physical science written materials and supplies in every
elementary school in the Ithaca district and that will be done by
November 1st.
Finally, on a lighter note, we would like to invite you all to
attend a cold bloodied carnival, an event that will introduce you
to radical reptiles and other fascinating October 29h andthfrIendly
creatures. It will happen on Sunday,
High School Cafeteria. Watch for further announcements. Thank
you."
Rental Housin Task Force Police Department Firearms H dro ower
Resolution and 10 Sto Building on East State Street
John Schroeder, 618 Stewart Avenue, 4th Ward Alderperson
Candidate, spoke to Council on the suggested timetable that was
appended to the Rental Housing Task Force report that was
presented last Spring. The Task Force had recommended that there
be action on a permanent Rental Housing Commission by now and
that there be adoption of guiding principles for developing
future housing in Ithaca. Mr. Schroeder stated that he thinks
the citizens of Ithaca and particularly renters, deserve a
report from the Planning and Development Committee as to what the
D
lr�
5
October 4, 1989
status of the Rental Housing Task Force Commission
recommendations are.
Mr. Schroeder spoke against the Police Department Firearms
resolution that is on tonight's agenda.
Mr. Schroeder also remarked on the proposed 10 story building on
the site of the burned out building on West State Street. He
said that the residents in his ward are very concerned that their
views across the Ithaca valley are going to be irrevocably harmed
by the construction of this building. He understands that the
Planning and Development Committee had considered lowering the
height of the zoning law in that area of the city and he urged
expeditious action on that matter.
Mr. Schroeder spoke in favor of the hydropower resolution that is
in tonight's agenda.
Festival Lands
2^ The following persons spoke to Council regarding the Festival
Lands resolution on this evening's agenda:
Charles Fitch, 484 Auburn Road, Lansing
John Confer, Hammond Hill Road, Brooktondale
Geoff Gooding, 105 Eddy Street
Guy Gerard, 190 College Avenue
Judy Rossiter, 301 Clinton House
Betsy Darlington, 204 Fairmount Avenue
Dr. Todd Engstrom, 196 Stevenson Road
David Nutter, 656 Five Mile Drive
Gossa Tsegaye, 408 East State Street
Jules Burgevin, 117 Muller Facility Center
Ashley Miller, 343 Iradell Road
Jane Pederson, Elmwood Avenue
Rick Bonney, Barnes Hill, Newfield
Caren Smiley, P.O. Box 101, Ithaca
Frederick R. Adler, 400 East Upland Road
Allison Wells, G -3 190 Pleasant Grove Road
Dave Garcia, 715 East Buffalo Street
Legislative Update of Upcoming Meetings
Martin Luster, Assemblyman, addressed Council and announced that
on October 25th, Assemblyman Paul Harenberg, the Chairman of the
Committee on Aging will be in Ithaca for a full day with a
variety of events. On November 16th, at 7:00 P.M., Assemblyman
Larry Bennett will be in town to convene a meeting of the
Subcommittee on Small Cities of the New York State Assembly. Mr.
Luster also reported that on December 12th the New York State
Assembly Task Force to strengthen New York's work force will
convene a symposium here in Ithaca.
Hydropower - Van Natta Dam
Bill Allen, New Woodstock, New York spoke to Common Council on
the resolution on hydropower that is on tonight's agenda. He
stated that he is a small hydro developer and he has been
following this project since 1984, has attended most of the Hydro
Commission meetings and some of the Council meetings. Mr. Allen
stated that he had made an offer to purchase that property in
1986 which received no response. He said he submitted a proposal
to the city's RFP to put up all the money, build it to the city's
specifications and give the city a percentage of the gross
revenue of that project. No counter offer was made to his
proposal and no one from the Proposal Review Committee has
contacted him and no notification was given to him that all the
proposals had been rejected.
Mr. Allen asked that if the city is going to surrender the
exemption, are they going to negotiate with him or someone else
on the use of the property and the water rights? If so who does
he talk to and what terms does the city want? Mr. Allen
6 October 4, 1989
commented that if Council passes this resolution tonight he would
like to see a date put on that surrender so he can file his own
license application for that site.
Senior Citizens Center
Valorie Rockney, 304 Linn Street, representing the Senior
Citizens Council, spoke to Council regarding the Senior Citizens
search for a new Center. She thanked Council for their support
and encouragement. The Senior Citizens Council has been very
pleased so far with the efforts of the Committee for Land Use on
the Northside. The Senior Citizens Council wishes to continue to
express their interest in having the new Senior Center located in
Ithaca, particularly on the Northside DPW site.
Employment Legislation - Postal Workers
Coert Bonthius, Tompkins /Cortland Labor Coalition, thanked the
Council, the Mayor, Assemblyman Luster and everyone else who came
out to rally and support the postal workers last week. As a
result of that rally and the pressure from the community,
including the Town, the County, and the Common Council, the
postal service has agreed, through its Postmaster Carl Anderson,
to set up a meeting with community, political, and union leaders
to talk about this relocation and explain it. Mr. Bonthius urged
the Council to set some dates tonight and follow through on this
with the Postmaster.
Mr. Bonthius also spoke on the issue of economic and development
problems that the City of Ithaca and the County are facing. He
passed out to Council members a County resolution regarding a
jobs policy for Tompkins County. He asked Council to consider
introducing the same legislation.
Baling Station -.Commercial Avenue Site
The following persons spoke regarding the County's proposal for
a baling station at the Commercial Avenue site and the
Industrial Zoning Resolution that is on tonight's agenda:
Fred Remillard, Owner McDonalds, Elmira Road
Kathryn Wolf, Trowbridge Associates, representing the Elmira Road
Merchants Association
Paulette Mano, 5 Westwood Knoll
Rick John, Thaler and Thaler Law Firm
Henry Vaughan, 304 Eastwood Avenue
Emergency Shelter at Southside Community Center
George Hagood, 501 west Green Street, spoke against the emergency
shelter being at the Southside Community Center. He feels that
the Southside Center should be used for programs for the
teenagers and the children of that area - not to house the
homeless. Although he agrees there should be a homeless shelter
he does not feel Southside Center is the right spot for it.
Community Access Channel on Cablevision
Bill McCormick, Ithaca, addressed Council on the problems that
have developed with the community access channel. He explained
that the access channel is governed by the franchise between the
cable company and the City of Ithaca and he asked that Council
take a good look at that franchise as there are problems that
should be looked at.
Route 96
George Frantz, 5 -A westwood Knoll, presented Council an
amendment to the resolution endorsing Alternative A /Optional 89
Alignment. He urged Council to support the amending resolution.
RESPONSE TO THE PUBLIC:
Post Office Jobs
Alderperson Lytel suggested that Council should take the
Postmaster up on his offer to meet with them regarding the issue
of relocation of the Ithaca postal workers.
i J ;I
VA
October 4, 1989
Alderperson Nichols spoke on the matter of preserving jobs and
apprenticeship programs in the community. He stated that he will
be presenting the matter to the Human Services Committee at their
next meeting.
HUMAN SERVICES COMMITTEE:
* 16.4 City of Ithaca Emergency Shelter at Southside Community
Center
By Alderperson Lytel: Seconded by Alderperson Nichols
WHEREAS, at its meeting of September 6, 1989 the Common Council
allocated $12,750 from unrestricted contingency in the 1989
fiscal year budget for the operation of an Emergency Shelter at
the Southside Community Center, this being the complete amount
requested by the Southside Center for the operation of the
shelter from the beginning of October to the end of December
1989, and
V-- WHEREAS, after considerable debate the Council failed to make an
C► explicit commitment to fund the program from January to March
1990 because it has not yet considered the 1990 budget and
because it wished to seek funding from other sources before
making that commitment, and
WHEREAS, without such a commitment the Southside Center Board in
a letter to Council dated October 2, 1989 announced that it would
not open the shelter; now, therefore, be it
RESOLVED, That the City of Ithaca reaffirms its support of the
Emergency Shelter at Southside, and that if McKinney Act, United
Way, and County DSS monies are not forthcoming or not sufficient
the City will act as the funding agency of last resort for the
remaining $12,750 necessary to operate the shelter from January
1 to March 30, 1990.
Alderperson Lytel stated that the Southside Center Board does not
wish to begin a program if there is a possibility that it may be
orphaned in the middle of the year. He said that he can report
some progress in securing the other half of the funding from
other sources. The Tompkins County EOC has considered and
unfortunately tabled the resolution but they will consider once
again meeting the other $12,750. Alderperson Lytel stated that
if Council passes this resolution, we will be back on track.
The shelter will be in a position to be opened and we can then go
back to EOC and try to get the McKinney Act money from them and
go to the County Board of Representatives and try to get a
guarantee of funding from them.
Alderperson Peterson noted that this is not the Southside's
Emergency Shelter. This is a shelter that the City asked
Southside to accommodate within their own programs, within a
building where they already had community programs, and it is the
City's responsibility and the City's choice whether to consider
this shelter operative for this winter season.
Alderperson Booth asked Alderperson Schlather what the Council
(4wo" can commit themselves to tonight absent the kinds of decisions
that will be made in December on the budget.
Alderperson Schlather responded that sometimes the City can
purchase services beyond the present funding year. He would
think that if the Council makes this commitment this evening,
they are bound to come up with funds in the next budget year. He
explained the methods that can be used for this type of service.
Alderperson Schlather further stated that his concern is that
there are, with rare exceptions, no other human service agencies
in town that require the City to commit to funding for more than
the existing budget year. He feels that for Southside to take
the position that they will not operate this shelter unless the
City gives them a commitment through next Spring, places them in
('
8 October 4, 1989
a position that is different than any other human service agency
in the City. Alderperson Schlather stated that he believes it is
unwise for Council to make that kind of a commitment - he thinks
Southside had the assurances of record last time. In terms of
the City's willingness that this program succeed, many of the
Council were quoted in that regard and politically, morally and
as a matter of common sense, Common Council would not let
Southside down.
Alderperson Schlather commented that as a matter of sound fiscal
and future procedures in terms of the operation of this Council,
he cannot support this kind of a guarantee.
Mayor Gutenberger reiterated that this Common Council cannot make
commitments for 1990 dollars until they have seen the budget. He
said that the budget should be ready within the next two weeks
and he can tell the Council that for every single penny that they
decide to spend they are going to have to take away from
somebody else. He urged Council not to make decisions now,
without having all the information before they begin spending
dollars in 1990. He stated that it is not going to be a good
budget year.
Mayor Gutenberger stated that he agrees with Alderperson
Romanowski that the County should be involved in this - the
Council should not even be discussing this - it is a County
function. However, the reality is that it is here and he urged
the Council not to make the mistake by promising people something
that the City may not be able to deliver. He said that the
Council is going to have a hard time even providing the level of
services to the taxpayers of this community that is now being
provided without taking on anything additional.
Alderperson Hoffman asked City Attorney Nash if there has been
progress on a contract for this service. Atty. Nash said he has
not been directed to work on a contract at this time.
Alderperson Hoffman proposed an amendment that the money be taken
from Unrestricted Contingency and placed in Restricted
Contingency for this purpose from the 1989 budget.
There was no second to Alderperson Hoffman's proposed amendment.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Killeen
RESOLVED, That in the Resolved clause, in the fourth line, all
language after "the city, etc..." be stricken and the following
language be substituted: "the City will make every reasonable
effort to provide $12,750 necessary to operate the Shelter from
January 1 to March 30, 1990 subject to the City's 1990 budget
constraints."
Discussion followed on the floor on the amending resolution.
A vote on the amending resolution resulted as follows:
Ayes (6) - Schlather, Romanowski, Johnson, Booth, Hoffman,
Mayor Gutenberger
Nays (5) - Peterson, Lytel, Cummings, Nichols, Killeen
Motion Carried (6 -5)
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE:
* 17.9 Festival Lands
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, the City of Ithaca and the Office of Parks, Recreation
and Historic Preservation entered into an agreement on March 21,
P]
9 October 4, 1989
1985 that provided recreational facilities for the city's use,
and
WHEREAS, State Parks is interested in developing additional
recreational facilities including a seventh and final shoreline
pier with slips on one side only, and picnic area at Allen H.
Treman State Marine Park and hiking /biking trail commonly
referred to as the Cayuga Inlet Trail, and
(4moo� WHEREAS, State Parks has agreed to satisfactorily complete all
the requirements of the State Environmental Quality Review as it
relates to such development at Allen H. Treman State Marine Park,
and
WHEREAS, State Parks has mutually agreed with the Tompkins County
Environmental Management Council as described in the documents
on the boundaries and future protection of the wetlands area
commonly referred to as Hogs' Hole, and
WHEREAS, State Parks has further agreed to continue to make
available certain ball fields at Buttermilk Falls State Park for
an additional five -year period of time with options to renew such
license for four additional five -year periods of time, and
WHEREAS, State Parks has agreed to adopt a mowing policy for the
land presently owned by the city that will insure the continued
use of that area as a nesting, resting and feeding place for
migratory birds, and
WHEREAS, State Parks has agreed to locate the access road along
the northerly edge of the Marina basin, replicating the layout of
the southerly Marina drive per map dated October 3, 1989, and
WHEREAS, State Parks has further agreed that the northwestern
parking lot and comfort station will be dropped from this
proposal, and
WHEREAS, disposition of city property is a Type 1 action
requiring environmental review and Common Council cannot take
action to transfer property until the environmental review
process is completed; now, therefore, be it
RESOLVED, That the Common Council does approve for submission to
environmental review the above described proposal as shown on the
map dated October 3, 1989 to transfer ownership of the city -owned
land commonly referred to as the Center for the Arts parcel to
New York State Parks for recreational purposes in accordance with
the March 21, 1985 agreement and the aforementioned conditions
agreed to by New York State Parks.
Alderperson Cummings explained that what is being discussed here
is city owned land - the Festival Lands. Those lands do not
touch the water edge. In referring to a large map that was on
the wall, Alderperson Cummings pointed out that Hogs' Hole and
the adjacent area are all the State's land currently.
Alderperson Booth stated his reasons for opposing what he called
(,,woe "a new proposal" that has been presented to the Council this
evening.
Motion to Refer to Committee
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That the Festival Lands resolution be referred back to
the Planning and Development Committee for review and report
back to Common Council.
Discussion followed on the floor.
10 October 4, 1989
A vote on the motion to refer resulted as follows:
Ayes (2) - Johnson, Booth
Nays (8) - Schlather, Romanowski, Cummings, Lytel, Hoffman,
Nichols, Peterson, Killeen
Motion Defeated
Main Motion
Discussion followed on the main motion. Mr. Mazzella responded
to questions regarding this new proposal. He assured Council
that State Parks will enter into a binding agreement regarding
Hogs' Hole boundaries and that this half pier is the final pier.
Alderperson Hoffman asked that the first 'Whereas' be deleted as
there seems to be considerable debate and confusion regarding
this.
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Booth
RESOLVED, That the first Whereas clause be deleted from the
resolution.
A vote on the amending resolution resulted as follows:
Ayes (3) - Johnson, Booth, Hoffman,
Nays (7) - Schlather, Cummings, Killeen, Lytel, Nichols,
Peterson, Romanowski
Motion Fails
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Cummings
RESOLVED, That the first Whereas read as follows: "Whereas, the
Mayor of the City of Ithaca and the Office of Parks, Recreation
and etc...."
Ayes (5) - Hoffman, Booth, Cummings, Johnson, Peterson
Nays (6) - Schlather, Romanowski, Killeen, Lytel, Nichols
Mayor Gutenberger
Motion Defeated
Discussion followed on what entity should be the lead agency for
environmental review.
City Attorney Nash explained the procedure for environmental
review. When two agencies are involved, only one agency can be
named the 'lead agency.'
Alderperson Booth requested that Atty. Nash check the City
Ordinance and State regulations. If the State issues a Negative
Declaration there may be an opportunity for the City to make a
decision on the propriety of a negative declaration. He further
pointed out that if the State does an Environmental Impact
Statement then the City has to make some findings which are
completely independent of the State's findings. The City's
findings are not in any way bound by the State's findings.
Alderperson Hoffman stated his belief that the City should be
directing the Environmental Review as this is our land. We
should not be turning over Environmental Review to the agency
that wants to develop that land.
Further discussion followed on Environmental Review.
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Johnson
RESOLVED, That the Resolved clause read as follows: "Resolved,
That Common Council does approve for submission to environmental
review (with Common Council as the lead agency) the above
described proposal, etc...."
11
October 4, 1989
A vote on the amending resolution resulted as follows:
Ayes (6) - Hoffman, Nichols, Johnson, Booth, Lytel,
Peterson
Nays (4) - Schlather, Romanowski, Cummings, Killeen
Carried
Main Motion as Amended
(400e Further discussion followed on the floor on the Main Motion as
Amended.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Killeen
RESOLVED, that in the second Whereas clause, the words "and
hiking /biking trail commonly referred to as the Cayuga Inlet
Trail" be stricken.
(� I
CC)
1.0
Ayes (2)
Nays (8)
- Johnson, Booth
- Schlather, Killeen, Romanowski,
Peterson, Nichols, Cummings
Motion Fails
Lytel, Hoffman,
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the third Whereas clause in its entirety be
stricken from the resolution.
Ayes (3)
Nays (7)
- Johnson, Booth, Hoffman
- Schlather, Romanowski, Peterson,
Killeen, Cummings
Motion Fails
Lytel, Nichols,
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Nichols
RESOLVED, That the fourth Whereas clause, in its entirety, be
stricken from the resolution.
Aye (1) - Booth
Nays (9) - Killeen, Johnson, Nichols, Schlather, Lytel,
Cummings, Peterson, Hoffman, Romanowski
Motion Fails
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the fourth Whereas read as follows: "State Parks
will hopefully agree with the, etc....."
Ayes (4) - Booth, Johnson, Hoffman, Peterson
Nays (6) - Schlather, Romanowski, Lytel, Nichols, Killeen,
Cummings
Motion Fails
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) - Cummings, Nichols, Lytel, Schlather, Killeen,
Peterson, Hoffman, Johnson, Romanowski
Nay (1) - Booth
Carried
Recess
Common Council recessed at 10:30 p.m. and reconvened in regular
session at 10:45 p.m.
Mayor Gutenberger left the meeting at 10:30 p.m. The remainder
of the meeting was chaired by Acting Mayor Killeen.
163
164
12
October 4, 1989
*17.6b Industrial Zoning - Amendment to Zoning Ordinance
By Alderperson Cummings: Seconded by Alderperson Schlather
RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES
TO THE ZONING ORDINANCE AND PROVIDING FOR
PUBLIC NOTICE AND PUBLIC HEARING
RESOLVED, That Ordinance Number 89 - entitled "An Ordinance
Amending Sections 30.25 AND 30.26 of Chapter 30 Entitled 'Zoning'
of the City of Ithaca Municipal Code" be and it hereby is
introduced before the Common Council of the City of Ithaca, New
York, and be it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held
at the Common Council Chambers, City Hall, 108 East Green Street,
Ithaca, New York on November 1, 1989 at 7:00 P.M. and
be it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication of a notice in the official newspaper,
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. Such notice shall be published once at least fifteen
days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Board of Planning and Development and the Tompkins County
Planning Board a true and exact copy of the proposed ordinance
for its report thereon.
Ayes (8) - Schlather, Romanowski, Lytel, Cummings, Nichols,
Johnson, Peterson, Killeen
Nays (2) - Booth, Hoffman
Carried
ORDINANCE NO. 89 -
AN ORDINANCE AMENDING SECTIONS 30.25 AND 30.26
OF CHAPTER 30 ENTITLED "ZONING" OF THE
CITY OF ITHACA MUNICIPAL CODE
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
SECTION 1. AMENDING SECTION 30.25 OF CHAPTER 30.
1. That Column 2, Permitted Primary Uses, is hereby amended to
read as follows under the "I -1" use district (deletions are
bracketed; additions are underlined):
1. Any use permitted in B -5 district, except that
dwelling units are prohibited.
2. [Any use not permitted in any other district
including] Industrial, warehousing, wholesaling,
storage and handling of bulk goods (not including
rubbish, other than that incidental to the primary use
of the property, as defined in Chapter 69,
Section 69.1 N), lumberyards, and agriculture except
that no animals may be kept within 50 ft. of any
property line.
3. Any use not permitted in any other zoning
district, subject to the issuance of a special
permit of the Board of Zoning Appeals in accordance
with Section 30.26 and Section 30.41 Special
Performance Standards and concurrence by the Common
Council.
9
6WR
4.
SECTION 2.
13
October 4, 1989
All uses must conform to special performance
standards governing establishment of
industrial uses (See Section 30.41).
AMENDING SECTION 30.26(C) OF CHAPTER 30.
1. That Section 30.26(C)(1) is hereby amended to add the
(W,V.e following:
p_ Any use not permitted as of right in the I -1 zoning
district.
SECTION 3. AMENDING SECTION 30.26(C) OF CHAPTER 30.
1. That Section 30.26(C) is hereby amended to add Subsection 5
as follows:
5. In the I -1 zone, uses other than those permitted under
Section 30.25 may be permitted by special permit upon a finding
by the Board of Zoning Appeals and concurrence by the Common
Council that such use shall have no significant negative impact
by reason of noise, fumes, odors, vibration, noxious or toxic
!..! release, or other conditions injurious to the health or general
welfare of the public.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section
3.11(B) of the Ithaca City Charter.
* 17.7 Central Processing Facility - Draft Environmental Impact
(600e Statement
By Alderperson Cummings: Seconded by Alderperson Schlather
WHEREAS, the Draft Environmental Impact Statement (DEIS) prepared
for the Central Processing Facility (CPF) on the Commercial
Avenue site misrepresents the City of Ithaca's concurrence with
the selection of the site as the "alternative preferred site" in
March 1989, and
WHEREAS, the DEIS mistakenly infers that because the City zoning
ordinance authorizes transfer stations for recyclable materials
for this zone that this garbage baling station fits within this
definition, and
WHEREAS, the DEIS is incorrect in asserting that the proposed CPF
at the Commercial Avenue site complies with current zoning
regulations in the City, and
WHEREAS, consideration of alternative sites is noticeably
deficient, and
WHEREAS, the City has appreciable concern for environmental
impacts such as wetland encroachment, air pollution, noise, odor,
the potential pollution of an underwater aquifer, and the
handling of toxic wastes that have not been adequately
acknowledged or mitigated in the DEIS, and
h
WHEREAS, the DEIS does not adequately address the need for
buffering the CPF site from its commercial neighbors and from the
adjacent Southwest Park, and
WHEREAS, the DEIS does not accurately represent the economic
impact of the placement of the CPF at the Commercial Avenue site,
now, therefore be it
RESOLVED, That the City of Ithaca finds the DEIS to be in need of
substantial revision and calls upon Tompkins County not to adopt
this document as a final Environmental Impact Statement.
166
14 October *4, 1989
Discussion followed on the floor regarding the DEIS conducted by
the County.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That the third Whereas clause be stricken from the
resolution.
Ayes (2) - Booth, Hoffman
Nays (8) - Schlather, Romanowski, Killeen, Nichols, Lytel,
Peterson, Johnson, Cummings
Motion Fails
Main Motion
Further discussion followed on the main motion.
A vote on the Main Motion resulted as follows.
Ayes (9) - Schlather, Romanowski, Lytel, Cummings, Nichols,
Killeen, Johnson, Peterson, Hoffman, Killeen
Nav (l) - Booth
Carried
* 17.8 Route 96
By Alderperson Cummings: Seconded by Alderperson Schlather
WHEREAS, the City of Ithaca has received and reviewed the draft
Environmental Impact Statement for the various Route 96 /Octopus
alternatives, and
WHEREAS, the City has received the New York State Department of
Transportation's recommendation that Alternative A be the
preferred alternative for this project; now, therefore, be it
RESOLVED, That the City of Ithaca rejects New York State
Department of Transportation's selection of Alternative A for the
following reasons:
1) This Alternative would result in the taking or
relocation of nine homes on Cliff Street. The
destruction of these homes would reduce the supply of
housing affordable to low and moderate income
households, cause a loss of taxes to the City of
Ithaca, and take a very high toll on the individuals
and families who would be uprooted by this taking or
relocation.
2) A substantial portion of the park land that would be
taken by Alternative A - Optional 89 Alignment, has
never been developed for park purposes. The City has
recognized that some of these lands may have more
appropriate use than as park land, and be it further
RESOLVED, That the City does hereby endorse Alternative A-
Optional 89 Alignment and requests that DOT implement this
Alternative at the earliest possible time. The City makes this
recommendation for the above stated reasons and because it
believes that Alternative A- Optional 89 Alignment preserves the
following future options: construction of an emergency vehicle
route that connects directly to the hospital, construction of an
overpass over the Conrail tracks, separation of Route 89 traffic
from Route 96 via a Route 89 connection at Esty Street, and the
diversion of traffic off Cliff Street through construction of a
northern connection from Route 96 to Route 89.
Amending Resolution
By Alderperson Romanowski: Seconded by Alderperson Schlather
RESOLVED, That there be a further Resolved added to the
resolution to read as follows:
J
19
15 October 44, 1989
"RESOLVED, That, if the Department of Transportation agrees with
the City's position as stated in this resolution or if it
continues with its Alternative A proposal, it fully investigate
the feasibility and cost of relocating those homes on Cliff
Street slated for removal under the Cliff Street alignment
proposed in its Alternative A onto new foundations further back
on their existing lots, and locate the sidewalk proposed to run
(Wooll along the newly widened Cliff Street at the base of the
embankment to be created under said Alternative A alignment, and
further that a landscape screen sufficient to buffer the
relocated homes from the newly widened Cliff Street be included
in the design of the improvements to the street, as sketched in
the drawing dated September 22, 1989, with the further
clarification that the cul -de -sac be eliminated and instead
connect directly to Route 89 /Park Road."
Discussion followed on the floor on the amendment.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
3
A vote on the Main Motion as Amended resulted as follows:
4 -, Carried Unanimously
Motion to Extend Meeting
By Alderperson Cummings: Seconded by Alderperson Lytel
RESOLVED, That this Common Council meeting be extended until
12:00 midnight.
Carried Unanimously
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
(Woo� Board of Public Works
Commissioner Reeves reported on the following for the Board of
Public Works:
1. In June the Board received a proposal from CNG Transmission
Corp. requesting a 50 -foot right -of -way to construct a gas
pipeline through the city watershed. For various reasons
the request was denied by the Board. CNG has now come back
to the Board with a new proposal which would allow
construction 50 -feet east of the centerline of the present
150 -foot NYSEG right -of -way thus eliminating the amount of
clearing which would affect the quality of the city's wooded
area. They also agreed to bury the pipeline 8 to 9 inches
under Six Mile Creek, thus allowing the removal of gravel to
be continued. That resolution was passed by the Board on
September 27, 1989.
2. Discussion was held on September 23rd at the Committee of
the Whole meeting with City Traffic Engineer Frank Gombas
regarding the improved signalization for the Octopus.
Through a subsequent resolution a letter was written to the
State DoT to enlist their aid and a response has been
received from DoT asking for information that is needed for
(400,11 a proper evaluation.
3. The matter of the Treman Marina is still being discussed by
the Board with no conclusions reached. However, it was felt
that with expertise of the Park Commission personnel,
concerns raised by individuals as well as various community
groups, Common Council and the Board of Public Works, that
through negotiations a compromise could be reached that
would be satisfactory to all.
CITY ATTORNEY'S REPORT:
Alderperson Lytel stated that the Red Cross had a variance to
extend their shelter. It expired and they went back the Board of
Zoning Appeals for another one. The BZA refused the Red Cross.
The Red Cross challenged it and now the BZA wishes to pursue it
168
16 October 44, 1989
in court. He asked City Attorney Nash at what point in this
process does the Council say to the City Attorney that the
Council does not wish to see this pursued in Court.
City Attorney Nash stated that he will look into the matter and
report back to Council at the November meeting.
PLANNING AND DEVELOPMENT COMMITTEE:
* 17.1 Van Natta Dam
By Alderperson Cummings: Seconded by Alderperson Hoffman
WHEREAS, a Request For Proposals for private hydropowP
development of the Van Natta Dam was issued, and
WHEREAS, the proposals received in response to said RFP have not
demonstrated a sufficient benefit to the City of Ithaca, and
WHEREAS, new monitoring requirements and enforcement provisions
being effected by FERC, place an increased burden of liability on
the city as the holder of the FERC Exemption on this project, and
WHEREAS, the city would be afforded some opportunity to influence
the form of development of the site by a private entity through
the FERC licensing process and /or negotiations concerning the
transfer of property and water rights held by the city at the
site; now, therefore, be it
RESOLVED, That Common Council does reject all proposals received
in response to the RFP to develop the Van Natta Dam under the
city Exemption, and, be it further
RESOLVED, That the FERC Exemption held by the city for such
project be surrendered prior to the March 1990 deadline for
beginning construction.
Alderperson Hoffman stated that in regard to the questions from
Mr. Allen, who addressed Council this evening, the City had a
very specific Request for Proposals. The City did not receive
all the information requested from Mr. Allen or any of the other
parties. There was a second request made by the City and still
the information was not forthcoming in order for the City to make
a decision. Nevertheless, the Committee the Council set up did
consider the proposals that were received. He said that it is
the committee's belief that there are two reasons for rejecting
them. The first is financial: payments to the City would be
only $3 -4,000 per year, while the City would still have
significant potential liability, as holder of the license. The
second reason was that the City Attorney said that it may be
legally problematic for the City to turn over the operation of a
plant to a private contractor when the City had used municipal
preference to acquire the exemption in the first place. Based
on those considerations the recommendation of the committee was
to give up the exemption; the Planning Committee concurred.
City Planner Jones and City Attorney Nash answered questions from
Council members.
Alderperson Booth asked Alderperson Hoffman to state for the
record what the significance is of the City giving up that
exemption.
Alderperson Hoffman stated that if the City gives up its
exemption, which we would have to exercise by March 1990, we
would then open up the site for potential requests for
hydropower development by any other party. That request would
have to go through FERC and the City could become an involved
party to any requests since the City owns all the land and water
rights in question. The City could make a case as to the
conditions under which any other hydropower license would be
granted. Presumably, we would ask for the same conditions that
(), it l
17 October t4, 1989
were applied to the City's exemption in terms of minimum flow
needed to be maintained in the creek and the treatment of the
facade of the building which would be used for hydropower. The
committee's feeling was that many of the concerns that the City
had could still be addressed because the City would have a
prominent role.
Alderperson Hoffman further stated the City, as owner of the land
(400"11 and water rights, would have to be approached by a private
developer for lease or sale of the land and that would give the
City some leverage in that situation.
A vote on the resolution resulted as follows:
Carried Unanimously
* 17.2 Ithaca Falls - Hydropower
�( By Alderperson Cummings: Seconded by Alderperson Hoffman
WHEREAS, a primary motive in the city's effort to construct a
hydropower facility at Ithaca Falls has been to preclude
"uncontrolled" development at the site by private parties, and
1
WHEREAS, recent information as more fully set forth in a letter
< dated 7/14/89 from DEC to Attorney Nash; letter dated 8/10/89
from FERC to Attorney Nash and letter dated 9/5/89 from DEC to
Margaret Fabrizio, Fall Creek Conservation Committee, has
affirmed that designation of Fall Creek as a State Recreational
River will provide definite protection against development of the
Ithaca Falls for hydropower by any party other than the city;
now, therefore be it
RESOLVED, That Common Council does hereby reaffirm its support of
designation of Fall Creek as a New York State Recreational
(4000� River, and its willingness to work with Representatives Martin
Luster and James Seward to develop appropriate legislation, and
be it further
RESOLVED, That Common Council does hereby direct staff to provide
support services to facilitate the designation process,
including mapping of proposed boundaries within the city. Such
services shall take priority over hydropower development for at
least 30 days.
Discussion followed and City Planner Jones answered questions
from Council members.
A vote on the resolution resulted as follows:
Ayes (6) - Hoffman, Booth, Nichols, Johnson, Peterson,
Lytel
Nays (4) - Romanowski, Killeen, Schlather, Cummings
Carried
CHARTER AND ORDINANCE COMMITTEE:
* 14.1 Amendment of the City's Cable Franchise Agreement with
American Community Cablevision Respecting the Franchise's
Existing Prohibition on Advertising and /or Endorsement of
(Wwooe Political Candidates
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That pending the City Attorney's review of applicable
federal and state laws and subject to agreement by American
Community Cablevision, the Common Council does hereby approve
amendment of the Cable Franchise Agreement with American
Community Cablevision, Article XIV, Section 14.3(D) thereof, to
remove the prohibition on advertising and /or endorsement of
political candidates. Said provision shall, after amended, read
as follows:
"Designated channels shall not be used for the promotion or
sale of commercial products or services."
170
and be it further
October *4, 1989
RESOLVED, That this resolution shall take effect on January 1,
1990.
Amending Resolution
By Alderperson Lytel: Seconded by Alderperson Nichols
RESOLVED, That the effective date of the resolution shall be upon
agreement by American Community Cablevision.
City Attorney Nash referred to the ruling that was made by the
State Cable Commission on the City's franchise renewal and in
light of that he feels that the City should amend the language of
the franchise now.
Further discussion followed on the amendment.
A vote on the amending resolution resulted as follows:
Ayes (3) - Lytel, Peterson, Hoffman
Nays (5) - Schlather, Booth, Cummings, Killeen, Johnson
Abstentions (2) - Nichols, Romanowski (conflict of interest)
Motion Fails
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (9) - Nichols, Hoffman, Johnson, Cummings, Lytel,
Peterson, Killeen, Booth, Schlather
Abstention (1) - Romanowski (conflict of interest)
Carried (9 -0)
Motion to Extend Deadline of Common Council Meeting
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the deadline for this Common Council meeting be
extended until 12:30 a.m.
Ayes (7) - Cummings, Schlather, Romanowski, Killeen,
Lytel, Hoffman, Booth
Nays (3) - Nichols, Peterson, Johnson
Carried
* 14 2 Approval of Board of F
Regulation Respecting Annual Revie
By Alderperson Booth: Seconded by
RESOLVED, That Common Council does
Board of Public Works' amendment
245.39 -a Part III, Section 1,
Regulations as follows:
blic Works' Amendment of its
of Sewer Charqes
Alderperson Schlather
hereby endorse and approve the
of paragraph 3 of subsection
Item 1.1 of its Rules and
"The user charges shall be reviewed annually and the rates
revised as necessary to insure that adequate revenues are
generated to pay for the cost of operation and maintenance,
including replacement."
Carried Unanimously
*
14.3 Amendment to Chapter 30, Entitled 'Zoning', of the CitY
of Ithaca Municipal Code Pertaining to the Establishment of a New
R 2c Zoning District - Resolution to Proceed to Public Hearing
By Alderperson Booth: Seconded by Alderperson Nichols
RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES
TO THE ZONING ORDINANCE AND PROVIDING FOR
PUBLIC NOTICE AND PUBLIC HEARING
RESOLVED, That Ordinance Number 89 - entitled "An Ordinance
Amending Sections 30.3, 30.21, 30.25 AND 30.26 of Chapter 30
Entitled 'Zoning' of the City of Ithaca Municipal
Code" be and it hereby is introduced before the Common Council of
lwt
N
i
.h
19 October 44, 1989
the City of Ithaca, New York, and be it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held
at the Common Council Chambers, City Hall, 108 East Green Street,
Ithaca, New York on Wednesday, November 1, 1989 at 7:00 P.M, and
be it further
RESOLVED, That the City
by the publication of
specifying the time when
will be held, and in
ordinance. Such notice
days prior to the public
Clerk give notice of such public hearing
a notice in the official newspaper,
and the place where such public hearing
general terms describing the proposed
shall be published once at least fifteen
hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Board of Planning and Development and the Tompkins County
Planning Board a true and exact copy of the proposed ordinance
for its report thereon.
ORDINANCE NO. 89 -
AN ORDINANCE AMENDING SECTIONS 30.31 30.21, 30.25 and 30.26
OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA
MUNICIPAL CODE
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York that an ordinance amending Sections 30.3,
30.21, 30.25 and 30.26 of Chapter 30 entitled "Zoning" of the
City of Ithaca Municipal Code be adopted, as follows:
SECTION 1. AMENDING SECTION 30.3, DEFINITIONS.
1. That the definition for "Dwelling, one - family ", Section
30.3(24), shall be amended as follows:
[ "Dwelling, one - family" shall mean a building
containing not more than one dwelling unit occupied exclusively
for residential purposes by an individual or family and not more
than one (1) unrelated individual, or by an individual or family
and not more than two (2) unrelated individuals if owner occupied
in R -1 zones. In R -2 and R -3 zones, a one - family dwelling may be
occupied by an individual or family and not more than two (2)
unrelated individuals.]
"Dwelling, one - family" shall mean a dwelling unit
occupied exclusively for residential purposes by an individual or
family and not more than one (1) unrelated individual, or a
functional family unit. In the R -1 zones, occupancy by an
individual or a family and not more than two (2) unrelated
individuals is permitted if the dwelling is owner - occupied. In
the R -2 and R -3 zones, occupancy by an individual or a family and
not more than two (2) unrelated individuals is permitted. A
one - family dwelling may be constructed in any of the following
configurations, as permitted in specific zoning districts:
A. One - family detached dwelling - A building containing
not more than one dwelling unit.
Ill. II.A. One - family detached dwelling.
171
172
20 October VA, 1989
B. One - family detached dwelling, zero -lot line - A
building containing not more than one dwelling unit
which is sited so that the side of the building is on
or near the side property line of the parcel on which
it is built.
I
I I
Ill II B One - family detached dwelling, zero lot line
C. One- family semi - detached dwelling - A building
containing not more than two one - family dwellings, each
of which shares a party wall or other common structural
elements with the other dwelling unit in the building.
- -- --� ❑ ❑ .❑ ❑
Ill II. C. One - family semi - detached dwelling.
D. One- family attached dwelling - A building containing
three or more one - family dwellings, each of which
shares one or more party walls or structural elements
with the other one - family dwellings in the building. A
maximum of six (6) one - family dwelling units may be
attached to form a single building.
Do 0
I
Ill II. D. One- family attached dwelling.
2. That a new definition for "Occupant" be added to
Section 30.3 as follows:
104. "Occupant" (in R -2c zones only)
A "Occupant" (in R -2c zones only) shall mean a person that
is permitted to occupy a dwelling unit or building in an R -2c
zone The number of such occupants that are permitted to legally
occupy a dwelling unit or building is based on the amount of
habitable space in the dwelling unit or building and on the basis
of lot size The minimum amounts of habitable space that are
required for occupancy by one or more persons are as follows:
i I i
21 October 4, 1989
1. In R -2c dwelling units, the maximum number of occupants
shall be limited to the number determined on the basis of lot
size and on the basis of the floor areas of habitable space,
other than kitchens, as shown in the following table:
a. Sleeping room,
minimum sq. ft.
Number of Persons
1 2 3 4 or more
-----------------------------
80 120 180 240 plus 60
for each addtl.
b. Dwelling unit (other 150 250 350
than kitchen), minimum
sq. ft.
person
450 plus 100
for each addtl.
person
4
2. In any other lodging units
maximum number of occupants shall
permitted in R -2c zones, the
be limited to the number
u
determined on
3. In
dormitories,
the same basis as for dwelling units.
buildings in R -2c zones, occupied as clubs,
sorority or fraternity houses, cooperative houses,
persons
and providing
sleeping accommodations for more than five (5)
persons, the
maximum number of occupants
so accommodated in any
contrary, once
habitable room shall be limited to
the number determined on the
dwelling unit is constructed and legally
basis of the
floor area, in square
feet, of the room divided by
not include additional
sixty (60) square
feet per occupant.
children
B. Nothina herein shall be construed to limit the maximum
size of anv room in a dwellinq unit. Bedrooms that exceed the
SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF ZONING
DISTRICTS.
1. That the list of zoning districts in Section 30.21,
Establishment of Zoning Districts, be amended to add the
following new zoning district, to be inserted after the
words 11R -2b Residential" and before the words 11R -3a
Residential ":
R -2c Residential
SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS.
1. That Section 30.25, District Regulations, be amended by
altering the District Regulations Chart as follows:
A. Under Column 2, Permitted Primary Uses, for the R -1
districts, delete "One- family dwelling" and add "One -
family detached dwelling ".
B. Under Column 2, Permitted Primary Uses, for the R -2
districts, delete "One- family dwelling" and add "One -
family detached or semi - detached dwelling ".
C. Under Column 2, Permitted Primary Uses, for the R -2
district, add the following:
118. R -2c only: One - family detached dwelling; zero -lot
line."
119. R -2c only: One - family attached dwelling."
minimum
square footage
in the above chart may
not sleep more
persons
unless the appropriate
lot size requirements are met.
C.
Notwithstanding
anything herein to the
contrary, once
an R -2c
dwelling unit is constructed and legally
occupied, the
term "occupant" shall
not include additional
minor dependent
children
that are added
to a household.
SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF ZONING
DISTRICTS.
1. That the list of zoning districts in Section 30.21,
Establishment of Zoning Districts, be amended to add the
following new zoning district, to be inserted after the
words 11R -2b Residential" and before the words 11R -3a
Residential ":
R -2c Residential
SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS.
1. That Section 30.25, District Regulations, be amended by
altering the District Regulations Chart as follows:
A. Under Column 2, Permitted Primary Uses, for the R -1
districts, delete "One- family dwelling" and add "One -
family detached dwelling ".
B. Under Column 2, Permitted Primary Uses, for the R -2
districts, delete "One- family dwelling" and add "One -
family detached or semi - detached dwelling ".
C. Under Column 2, Permitted Primary Uses, for the R -2
district, add the following:
118. R -2c only: One - family detached dwelling; zero -lot
line."
119. R -2c only: One - family attached dwelling."
1711
22 October 4, 1989
D. Under Column 2, Permitted Primary Uses, for the R -3
districts, delete "One- or two - family dwelling" and add
"One- family detached, semi - detached or attached
dwelling or two - family dwelling."
E. Under Column 2, Permitted Primary Uses, for the R -U
district, delete "One- or two - family dwelling" and add
"One- family detached, semi - detached or attached
dwelling or two - family dwelling."
F. Under Column 3, Permitted Accessory Uses, for the R -2
districts, add 1'3. R -2c only: Private garage for not
more than six (6) cars per building."
G. Under Column 6, Minimum Lot Size, Area in Square Feet,
change the following:
1. For the R -la zone, delete "One- family dwelling"
and add "One- family detached dwelling."
2. For the R -1b zone, delete "One- family dwelling"
and add "One- family detached dwelling."
3. For the R -2a zone, delete "One- or two - family
dwelling" and add "One- family detached or semi-
detached dwelling or two - family dwelling ".
4. For the R -2b zone, delete "One- or two - family
dwelling" and add "One- family detached or semi-
detached dwelling or two - family dwelling ".
5. For the R -3a zone, delete "One- or two - family
dwelling" and add "One- family detached or semi-
detached dwelling or two - family dwelling ".
6. For the R -3a zone, add "2. One - family attached
dwelling, new const.: 6,000 for first 1 - 3 units
+ 750 for each add'1 unit plus 500 per room let
for profit."
7. For the R -3a zone, renumber existing item 112." to
113.11.
8. For the R -3a zone, add "4: One - family attached
dwelling, conversion: 7,000 for first 1 - 3 units
+ 750 for each add'1 unit plus 500 per room let
for profit."
9. For the R -3a zone, renumber existing items 113.11,
" 4 . " and 115.11 t o " 5 . " , " 6 . " and "7.".
10. For the R -3b zone, delete "One- or two - family
dwelling" and add "One- family detached or semi-
detached dwelling or two - family dwelling."
11. For the R -3b zone, add "2. One - family attached
dwelling, new const.: 3,500 for first 1 - 3 units
+ 500 for each add'1 unit plus 300 per room let
for profit."
12. For the R -3b zone, renumber existing item 112." to
"3.".
13. For the R -3b zone, add 1'4. One- family attached
dwelling, conversion: 4,000 for first 1 - 3 units
+ 500 for each add'1 unit plus 300 per room let
for profit."
1_'7 5
23 October 4, 1989
14. For the R -3b zone, renumber existing items "3.",
" 4 . " and " 5 . " to " 5 . " , 116.11 a nd " 7 . " .
15. For the R -U zone, delete "One- family dwelling" and
add "One- family detached dwelling ".
16. For the R -U zone, delete "Two- family dwelling" and
add "One- family semi - detached or two - family
dwelling ".
17. For the R -U zone, add "3. One - family attached
dwelling: 16,500 for first 1 - 3 units plus 1,500
for each add'1 unit."
18. For the R -U zone, renumber existing items 113.11,
" 4 . " and " 5 . " to " 4 . " , " 5 . " and " 6 . " .
0
H. Under Column 61
Minimum Lot Size, Area in
Square Feet
add under a new
subdistrict heading "R -2c" as
follows:
detached or semi-
detached
dwelling or
[_?)
"1. One - family
detached dwelling: 2500
for first
'.
occupant, plus
500 for each additional
occupant.
and add "One-
2. One - family
detached dwelling, zero
-lot line:
detached
2,500 for
first occupant plus 500
for each
additional
occupant.
3. One- family semi - detached dwelling: 2000 for first
occupant in each dwelling unit plus 400 for each
additional occupant in each dwelling unit.
4. one - family attached dwelling: 1500 for the first
occupant in each dwelling unit plus 300 for each
additional occupant in each dwelling unit plus 500
for each additional occupant in each dwelling unit
in excess of five (5) occupants.
5. Two - family dwelling: 2000 for first occupant in
each dwelling unit, plus 400 for each additional
occupant in each dwelling unit.
6. Other uses: 4000."
I. Under Column 7, Minimum Lot Size, Width in Feet at
Street Line, change the following:
1. For the R -la zone, delete "One- family dwelling"
and add "One- family detached dwelling ".
2. For the R -lb zone, delete "One- family dwelling"
and add "One- family detached dwelling ".
5. For the R -3a zone, delete "One- or two - family
dwelling" and add "One- family detached or semi-
detached dwelling or two - family dwelling ".
6. For the R -3a zone, add 112. One - family attached
dwelling: 50."
7. For the R -3a zone, renumber existing items 112.11,
" 3 . " and " 4 . " to " 3 . " , " 4 . " and " 5 . " .
3. For the
R -2a zone,
delete "One- or two - family
dwelling"
and add "One-
family
detached or semi-
detached
dwelling or
two - family
dwelling ".
4. For the
R -2b zone,
delete "One- or two - family
dwelling"
and add "One-
family
detached or semi-
detached
dwelling or
two - family
dwelling ".
5. For the R -3a zone, delete "One- or two - family
dwelling" and add "One- family detached or semi-
detached dwelling or two - family dwelling ".
6. For the R -3a zone, add 112. One - family attached
dwelling: 50."
7. For the R -3a zone, renumber existing items 112.11,
" 3 . " and " 4 . " to " 3 . " , " 4 . " and " 5 . " .
117f;
W
VIA
L.
10
24 October 4, 1989
8. For the R -3b zone, delete "One- or two - family
dwelling" and add "One- family detached or semi-
detached dwelling or two - family dwelling ".
9. For the R -3b zone, add 112. One- family attached
dwelling: 40."
10. For the R -3b zone, renumber existing items 112.11,
" 3 . " and " 4 . " to " 3 . " , " 4 . " and 115.11.
11. For the R -U zone, delete "One- family dwelling" and
add "One- family detached dwelling ".
12. For the R -U zone, delete "Two- family dwelling" and
add "One- family semi - detached or two - family
dwelling ".
13. For the R -U zone,
dwelling: 125."
14. For the R -U zone,
114.11 and " 5 . " to 114
Under Column 7, Minimul
Street Line, add under a
as follows:
add 113. One- family attached
renumber existing items "3.",
" r If 5. " and 116 "
n Lot Size, Width in Feet at
new subdistrict heading "R -2c"
"1.
One - family
detached
dwelling:
40.
2.
One - family
detached
dwelling,
zero -lot line:
35.
40.
3.
One - family
semi - detached
dwelling:
50.
4.
One- family
attached
dwelling:
50.
5.
Two - family
dwelling:
50.
6.
Other Uses:
40."
Under Column 8, Maximum Building Height, Number of
Stories, add under a new subdistrict heading "R -2c":
"3".
Under Column 9, Maximum Building Height, Height in
Feet, add under a new subdistrict heading "R -2c":
"35 ".
Under Column 10, Maximum Percent Lot Coverage By
Buildings, add under a new subdistrict heading "R -2c"
as follows:
"1.
One - family
detached
dwelling:
35.
2.
One - family
detached
dwelling,
zero -lot line:
35.
3.
One - family
semi - detached dwelling:
40.
4.
One - family
attached
dwelling:
50.
5.
Two - family
dwelling:
40.
6. Other Uses: 35."
N. Under Column 11, Yard Dimensions, Front, Minimum
Required, add under a new subdistrict heading "R -2c":
"10".
It
I "l l
25 October 4, 1989
O. Under Column 12, Yard Dimensions, Side, One Side at
Least, add under a new subdistrict heading "R -2c" as
follows:
"l. One - family detached dwelling: 10.
2. One- family detached dwelling,
(40�_ zero lot line: 15.
3. One - family semi - detached
dwelling, unattached sides
only: 10.
4. One - family attached dwelling,
unattached sides only: 10.
5. One - family attached dwelling,
attached sides: 0.
6. Two - family dwelling: 5.
7. Other uses: 5."
Q. Under Column 14, Yard Dimensions, Rear, Percent of
Depth, add under a new subdistrict heading "R -2c ":
"25".
R. Under Column 15, Yard Dimensions, Rear, Maximum
Required in Feet, add under a new subdistrict heading
"R -2c": 1150 ".
SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL
CONDITIONS AND SPECIAL PERMITS.
1. That Section 30.26(B), Special Conditions, pertaining to
Group Care Residence, be amended by amending 113. Density
controls at individual facility level" as follows:
(R -2b) R -2b and R -2c
All other provisions in the chart contained in Section
30.26(B) shall remain the same.
2. That Section 30.26(C)(4)(iv) be amended as follows:
(iv) Specific standards applicable to a school and
related buildings in all Residential Districts
(R -1, R -la, R -lb, R -2, R -2a, R -2b, R -2c, R -3,
R -3a, R -3b, R -U):
5. Two - family dwelling: *10.
�r
6. Other uses:
10."
P. Under Column 13, Yard Dimensions, Side,
Other Side at
0..i
Least, add under a new subdistrict heading "R -2c" as
follows:
"l. One - family detached dwelling:
5.
2. One - family detached dwelling,
zero -lot line:
0.
3. One - family detached dwelling,
zero -lot line, on side abutting a
non - zero -lot line building or lot:
10.
(600"
4. One - family semi - detached dwelling,
attached sides:
0.
5. One - family attached dwelling,
attached sides: 0.
6. Two - family dwelling: 5.
7. Other uses: 5."
Q. Under Column 14, Yard Dimensions, Rear, Percent of
Depth, add under a new subdistrict heading "R -2c ":
"25".
R. Under Column 15, Yard Dimensions, Rear, Maximum
Required in Feet, add under a new subdistrict heading
"R -2c": 1150 ".
SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL
CONDITIONS AND SPECIAL PERMITS.
1. That Section 30.26(B), Special Conditions, pertaining to
Group Care Residence, be amended by amending 113. Density
controls at individual facility level" as follows:
(R -2b) R -2b and R -2c
All other provisions in the chart contained in Section
30.26(B) shall remain the same.
2. That Section 30.26(C)(4)(iv) be amended as follows:
(iv) Specific standards applicable to a school and
related buildings in all Residential Districts
(R -1, R -la, R -lb, R -2, R -2a, R -2b, R -2c, R -3,
R -3a, R -3b, R -U):
175
26
SECTION 5. EFFECTIVE DATE.
October 4, 1989
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section
3.11(B) of the Ithaca City Charter.
Alderperson Booth explained that when this issue was discussed at
the committee meeting, there were different density square
footages than are in the main motion. Deputy Planning Director
Mazzarella prepared an "Alternate R -2c Development Densities"
which was considered by the Charter and Ordinance Committee.
Alderperson Booth said that he would like to move those alternate
densities.
Resolution
By Alderperson Booth: Seconded by Alderperson Nichols
RESOLVED, That the "Alternate R -2c Development Densities ",
considered by the Charter and Ordinance Committee, be adopted by
the Common Council.
Discussion followed on the Alternate R -2c Development Densities
and Deputy Planning Director Mazzarella answered questions from
Council members.
ALTERNATE R -2c DEVELOPMENT DENSITIES CONSIDERED
BY THE CHARTER AND ORDINANCE COMMITTEE
TYPE OF DWELLING UNIT
One - family detached dwelling
One - family detached dwelling,
zero -lot line
One - family semi - detached dwelling
One - family attached dwelling
Two - family dwelling
Other uses
MINIMUM LOT SIZE,
AREA IN SQ. FT.
3000 for first occupant
plus 400 for each add'1
occupant.
3000 for first occupant
for first occupant lot
plus 400 for each add'1
occupant.
2500 for first occupant
in each dwelling unit
plus 400 for each add'1
occupant in each dwelling
unit.
2500 for first occupant
in each dwelling unit
plus 400 for each add'1
occupant in each dwelling
unit plus 600 for each
add'1 occupant in excess
of five occupants.
2500 for first occupant
in each dwelling unit
plus 400 for each add'1
occupant in each dwelling
unit.
4000.
Further discussion followed on the floor.
D
117 19
27 October 4, 1989
Alderperson Booth suggested that Item #3 which begins "In
buildings in R -2c zones occupied as clubs," etc. be stricken from
the document. He also withdrew the motion calling for the Public
Hearing.
Motion to Refer to Committee
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the amendment to Chapter 30, Entitled 'Zoning' of
the City of Ithaca Municipal Code Pertaining to the Establishment
of a New R -2c Zoning District be referred to the Planning and
Development Committee for review and report back to Common
Council.
Carried Unanimously
Alderperson Booth, due to the lateness of the meeting, withdrew
his three reports under the Charter and Ordinance Committee.
t' BUDGET AND ADMINISTRATION COMMITTEE:
* 15.1 GIAC Improvements - Hire Mediator
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That the Planning Department be authorized to enter
9 into an agreement with the Community Dispute Resolution Center,
for the provision of mediation services in connection with the
. °_ space needs dispute between the GIAC Board and the Drop -In
Children's Center, at an amount not to exceed $1,000.00, and be
it further
RESOLVED, That the funding for this contract be advanced from the
General Fund, pending the formal establishment of Capital Project
for the final design and construction of GIAC renovations.
Ayes (7) - Schlather, Killeen, Johnson, Cummings, Lytel,
Peterson, Hoffman
Nays (3) - Nichols, Booth, Romanowski
Carried
* 15.2 Authorize Mayor to Enter into an Agreement for
Architectural Services in Connection with the Schematic Design of
the GIAC Pool
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That the Mayor be authorized to execute an agreement
with the selected architect, H.O.L.T. Associates, for the
preparation of a Schematic Design of the GIAC Pool, at an amount
not to exceed $9,780.00, and be it further
RESOLVED, That the cost of this Schematic Design Phase be paid
from Capital Project #217 for said GIAC Pool construction.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That the amount of money for the Schematic Design of
the GIAC pool be $11,880.00.
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
* 15.3 Youth Bureau - Amend Youth Development Budget
By Alderperson Schlather: Seconded by Alderperson Peterson
WHEREAS, we have received verbal confirmation from the New York
Education Department for additional funding for the Youth at Risk
and Community Partnership Program; now, therefore, be it
RESOLVED, That the 1989 budget be amended by increasing
appropriation line A7310 -110 Youth Bureau Personal Services, by
$2,097.00, in order to expand an existing youth worker position
to full time for the remainder of 1989, and be it further
180
October 14, 1989
RESOLVED, That said Youth Worker position be reclassified to the
position of Youth Program Coordinator, subject to necessary
approval by the Civil Service Commission, and be it further
RESOLVED, That account A7310 -405 be increased by $2,000.00, for
the upgrade of the existing Telephone System, for use in
connection with this Grant Program, and be it further
RESOLVED, That estimated revenue A3820 State Aid for Youth
Programming be conversely increased by the total of $4,097.00,
and that the implementation of expanded programs described herein
be made subject to the receipt of written confirmation of the New
York State Education Department.
Carried Unanimously
* 15.4 Youth Bureau - Amend GIAC Budget 1989 and 1990
By Alderperson Schlather: Seconded by Alderperson Peterson
WHEREAS, the Youth Bureau has received written confirmation from
the Ithaca City School District of the approval of a grant for
$11,600. to expand existing GIAC Youth Program Services; now,
therefore, be it
RESOLVED, That the 1989 Budget be amended by increasing
appropriations, Line A7311 -120 GIAC Personal Services, by $2,958.
and line A7311 -460 GIAC Program Supplies, by $750., for the
operation of this Program for the balance of 1989, and be it
further
RESOLVED, That Estimated Revenue account A2350, Youth Services
Other Governments, be conversely increased by 3,708.
Carried Unanimously
* 15.5 Request for Attorney's Fees - GIAC Director Arbitration
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That $8,200. be transferred from account A1990,
Unrestricted Contingency, to account A1420 -430, Fees for
Professional Salaries, to pay the final bill for Legal Services
in connection with the GIAC Director Arbitration Proceeding.
Carried Unanimously
* 15.6 Youth Bureau - Upgrade Art Program Supervisor Position
and Salary Adjustment
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That the present position held by Ruth Davis, of Art
Program Supervisor, be and is hereby reclassified to the position
of Recreation Supervisor, and be it further
RESOLVED, That Ruth Davis be appointed to said position at an
annual salary of $19,627, which is Step #3 on the CSEA
Administrative Compensation Schedule, effective October 9, 1989.
Carried Unanimously
* 15.7 Finance Department - Approval of Mayor's Recommendation
for Deputy City Clerk
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That Julie Boyle be appointed to the position of Deputy
City Clerk, at an annual salary of $20,412., which is Step 4 of
the CSEA Administrative Unit Compensation Plan, effective October
16, 1989.
Carried Unanimously
* 15.8 Personnel Assistant Position
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That Liza Patz be appointed to the position of
Personnel Associate on a provisional basis, at an annual salary
of $25,000., effective October 10, 1989.
Carried Unanimously
�'i
181
29 October �1,4, 1989
* 15.9 Police Department - Authorize New Telephone System
By Alderperson Schlather: Seconded by Alderperson Peterson
WHEREAS, the Police Chief has recommended that the low bid
submitted by All -Mode Communications, Inc. be accepted for
replacement of the existing Police Department Telephone System,
and
WHEREAS, the base bid price of $27,262. exceeded available funds
by $3,684.; now, therefore, be it
RESOLVED, That the Police Department Authorized Equipment List be
increased by $3,684., such funding to be provided by a transfer
from A1990 Unrestricted Contingency, to A3120 -225 Other
Equipment, of said amount, and be it further
RESOLVED, That the Police Chief be authorized to enter into an
agreement with All -Mode Communications, for equipment and
�# installation thereof.
Ayes (9) - Schlather, Booth, Killeen, Peterson, Cummings,
Nichols, Johnson, Lytel, Hoffman
Abstention (1) - Romanowski (conflict of interest)
-a Carried (9 -0)
* 15.10 Police Department - Authorization for Conversion of
Fire Arms
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the Police Department be authorized to change
firearms from revolvers at present, to semi - automatic weapons.
Alderperson Schlather gave background information on the
(Wo", resolution.
Ayes (8) - Romanowski, Killeen, Schlather, Lytel, Cummings,
Booth, Nichols, Johnson
Nays (2) - Peterson, Hoffman
Carried
* 15.11 Police Department - Authorization to Siqn Court Securitv
Contract
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the Police Chief be authorized to execute an
agreement with the New York State Unified Court System, for the
provision of Court Security Services, subject to review and
approval of related contract terms and conditions by the City
Attorney.
Carried Unanimously
* 15.12 Planning Department - Revision of Contract Approval
Policy
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That the City Policy for approval and execution of City
Contracts for Personal Services be established as follows:
A. Contracts for amounts less than $500., when prepared on
a boiler plate form contract developed by the City
(6woo� Attorney, shall require approval of signature of both
the Department Head giving rise thereto, and of the
City Controller for availability of funds. Any
deviation from the approved form would require further
review and approval by the City Attorney.
B. Contracts of $500. or more but less than $2,000., shall
require all the approvals disclosed in A. above, plus
the approval of the City Attorney in all instances.
C. Contracts in the amount of $2000. or more shall require
all approvals presented heretofore in clauses A and B
above, plus the approval of the Mayor and the
Chairperson of the Budget and Administration Committee.
-1 8 6"
9M
October A-4, 1989
D. All contracts approved by the process presented herein
shall as a matter of practice, be published on a
monthly basis by the City Controller. The detailed
listing shall include date of the Contract, the Amount,
the Vendor, the City Department affected, and a brief
description of the purpose of said Contract.
Carried Unanimously
* 15.13 Bond Resolution - Fire Vehicles
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That a Bond Resolution authorizing the issuance of
$880,000 in Serials Bonds for the purchase of Fire - fighting
Vehicles be, and is hereby approved.
BOND RESOLUTION DATED OCTOBER 4, 1989
A RESOLUTION AUTHORIZING THE ISSUANCE OF $880,000 SERIAL BONDS
OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST
OF THE PURCHASE OF FIRE - FIGHTING VEHICLES FOR SAID CITY.
BE IT RESOLVED, by the Common Council of the City of Ithaca,
Tompkins County, New York, as follows:
Section 1. For the class of objects or purposes of paying
part of the cost of the purchase of fire - fighting vehicles,
including apparatus to be used in connection therewith, there are
hereby authorized to be issued $880,000 serial bonds of the City
of Ithaca, Tompkins County, New York pursuant to the provisions
of the Local Finance Law.
Section 2. It is hereby determined that the maximum
estimated cost of the aforesaid class of objects or purposes is
$880,000 and that the plan for the financing thereof is by the
issuance of the $880,000 serial bonds of said City authorized to
be issued pursuant to this bond resolution. Further details
concerning said bonds will be prescribed in a further resolution
or resolutions of this Common Council.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purposes
is twenty years, pursuant to subdivision 27 of paragraph a of
Section 11.00 of the Local Finance Law; provided, however, that
the maximum maturity of the serial bonds herein authorized shall
not exceed ten years, and that, pursuant to Section 107.00(d) (4)
of the Local Finance Law, no down payment is required in
connection herewith.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the City Controller, the chief
fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such a manner, as may be
prescribed by said City Controller, consistent with the
provisions of the Local Finance Law.
Section 5. The faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for
the payment of the principal of and interest on such obligations
as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year.
I S
31 October *4, 1989
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1. Such obligations are authorized for an object or
purpose for which said City is not authorized to expend
3. Such obligations are authorized in violation of the
1sd provisions of the Constitution.
Section 7. This resolution, which takes effect
immediately, shall be published in full in the Ithaca Journal,
the official newspaper, together with a notice of the City Clerk
in substantially the form provided in Section 81.00 of the Local
�xy Finance Law.
Alderperson Schlather gave background information on the Bond
Resolution.
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call which resulted as follows:
Aye
money, or
(400e Aye
- Cummings
(4wool
2. The provisions of law which should be
complied with at
- Killeen
the date of
publication of this resolution
are not
substantially
complied with
and an action, suit or
proceeding contesting
such validity is
commenced within twenty
days after the date of
such publication,
or
3. Such obligations are authorized in violation of the
1sd provisions of the Constitution.
Section 7. This resolution, which takes effect
immediately, shall be published in full in the Ithaca Journal,
the official newspaper, together with a notice of the City Clerk
in substantially the form provided in Section 81.00 of the Local
�xy Finance Law.
Alderperson Schlather gave background information on the Bond
Resolution.
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call which resulted as follows:
Aye
- Romanowski
(400e Aye
- Cummings
Aye
- Booth
Aye
- Killeen
Aye
- Johnson
Ayes (10)
Aye
- Schlather
Aye
- Lytel
Aye
- Nichols
Aye
- Peterson
Aye
- Hoffman
Carried Unanimously
* 15.14 DPW - Increase Capital Project #211
By Alderperson Schlather: Seconded by Alderperson Cummings
WHEREAS, the Department of Public Works has established a program
for the upgrade of its Computer System, and
WHEREAS, the first phase of said program exceeds the amount
previously established for this purpose in Capital Project #211
Computer Acquisition, by $9,000.; now, therefore, be it
RESOLVED, That Capital Project #211, Computer Acquisition, be
increased by $9,000, and be it further
RESOLVED, That the purchase of such equipment be financed by the
issuance of Bond Anticipation Notes.
Carried Unanimously
* 15.15 DPW - Authorize Release of Restricted Contingency Funds
(4000" for Stewart Park
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That $40,000 be transferred from Account A1990,
Restricted Contingency, to Account A7112 -435, Stewart Park
Contractual Services, in the amount of $12,236 and to A7112 -483,
Stewart Park Construction Supplies, in the amount of $27,764, in
order to complete various Stewart Park Renovation Projects.
Discussion followed on the floor on the improvements that are to
be done. These include the bathrooms, roof on the boat house,
asbestos removal, and sodding over the gabions.
A vote on the resolution resulted as follows:
Carried Unanimously
184
32 October V, 1989
* 15.16 DPW - Authorize Release of Restricted Contingency Funds
for Youth Bureau Buildinq
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That $13,000 be transferred from Account A1990,
Restricted Contingency, to Account A1623 -435, Youth Bureau
Facility Contractual Services, in the amount of $3,000. and to
Account A1623 -483, Youth Bureau Facility Construction Supplies,
in the amount of $10,000., in order to perform acoustical ceiling
improvements within said facility.
Carried Unanimously
* 15.17 DPW - Acquisition of Electronic Surveying Equipment from
Various Capital Projects
By Alderperson Schlather: Seconded by Alderperson Romanowski
WHEREAS, the Engineering Department has determined that the
acquisition of electronic and laser surveying equipment will
improve efficiency significantly, and reduce staffing
requirements in the performance of said duties; now, therefore,
be it
RESOLVED,
electronic
further
RESOLVED,
follows:
That $20,000 be authorized for the acquisition of
and laser surveying and related equipment, and be it
That the funding of such purchase be
A. Capital Project #225 Hudson St. Recon.
B. Capital Project #223 Elm St. Recon.
C. Capital Project #211 Computer Acquisition
D. Transfer from Account A1990, Restricted
Contingency for the Southwest Drainage
Study to Account A1440 -225, Other Equipment,
including authority to amend the Authorized
Equipment List by such partial purchase
Total
financed as
$3,000
3,000
4,000
10,000
$20,000
Carried Unanimously
* 15.18 Finance Department - Authorization for Budget Transfers
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That the City Controller be empowered to makes
transfers within the 1989 Budget Appropriations as needed, for
the remainder of the 1989 fiscal year.
Carried Unanimously
* 15.19 Finance Department - Authorization for Salary Adjustment
By Alderperson Schlather: Seconded by Alderperson Romanowski.
WHEREAS, City Controller Dominick Cafferillo has been assigned to
serve as Acting Purchasing Agent and has been directed to perform
the full duties of the Purchasing Agent during the search for a
new Purchasing Agent, and
WHEREAS, while Etta Gray will not be expected to perform
additional duties beyond her regular job assignment, her daily
workload may increase due to the physical absence of the
Purchasing Agent from the department; now, therefore, be it
RESOLVED, That Etta Gray shall receive a temporary 10% salary
increase (from $17,635 to $19,399) in recognition of the
increased volume of her work, effective September 15, 1989 and
continuing until a new Purchasing Agent is appointed.
Carried Unanimously
R5
33 October 14, 1989
* 15.20 Authorize Mayor to Sign Agreement for 1990 Cultural
Services
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That the City act as the sponsoring agency for a New
York State Council of the Arts Decentralization Grant, which
Grant will be used to improve the quality of existing programming
of the Tompkins County Country Dances Organization.
Carried Unanimously
* 15.21 Audit
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That bills presented, as listed on Audit Abstract
#18/1989, in the total amount of $33,340.08, be approved for
payment.
Carried Unanimously
V * 15.22 A Local Law Amending Ithaca City Charter, Article IV
Entitled 'Taxation and Assessment', Section 4.6 Thereof Entitled
'Purchase by City' - Lift from Table
.? By Alderperson Schlather: Seconded by Alderperson Hoffman
s
r' LOCAL LAW NO. OF THE YEAR 1989
lz=
A LOCAL LAW AMENDING ITHACA CITY CHARTER, ARTICLE IV
ENTITLED 'TAXATION AND ASSESSMENT', SECTION 4.6 THEREOF ENTITLED
'PURCHASE BY CITY'
BE IT ENACTED by the Common Council of the City of Ithaca,
New York as follows:
SECTION 1. AMENDING ARTICLE IV, SECTION 4.6 THEREOF
Section 4.6 (E) of Article IV of the Ithaca City Charter is
hereby amended to read as follows:
E. Purchase by City
If there is no other bidder for any parcel of land duly
advertised and offered for sale pursuant to this Section, it
shall be lawful for, and the City of Ithaca, by the City
Chamberlain or one of the Chamberlain's deputies, may bid in said
parcel of land for the City of Ithaca pursuant to the same rules
and regulations as to docketing, redemption and tax deed as
herein provided. Notwithstanding the above the Common Council
may by resolution authorize and direct the City Chamberlain, on
behalf of the City of Ithaca, to purchase lands at the tax sale,
without competitive bidding, for the gross amount due.
SECTION 2. EFFECTIVE DATE
This Local Law shall take effect immediately after filing in
the Office of the Secretary of State.
Carried Unanimously
HUMAN SERVICES COMMITTEE:
* 16.1 GIAC Renovations
By Alderperson Peterson: Seconded by Alderperson Johnson
WHEREAS, the Common Council performed a study of space allocation
at GIAC and established a capital project to renovate the GIAC
building in part because the Drop -In Children's Center (DICC) was
seeking to become a fully licensed, full time operation, and
WHEREAS, in August 1988 the DICC and GIAC signed a memorandum "to
establish a partnership arrangement between the two parties for
the provision of day care services," and
WHEREAS, following the original architect's report the Acting
Director of GIAC conducted a more detailed analysis of the space
needs of its programs, and
Is(,)
34
October 14, 1989
WHEREAS, as a result of the more detailed evaluation the GIAC
Board has expressed concern about the ability of GIAC to continue
to serve its current programs as well as expand into new areas as
new needs develop, and
WHEREAS, the Common Council concurs with the GIAC board that the
GIAC building is in need of extensive general repairs and
renovations and that a further study is needed, and
WHEREAS, that without professional expertise the City finds
itself unable to concur that the addition of an expanded day care
operation would harm GIAC programs; now, therefore, be it
RESOLVED, That the City wishes to continue to pursue the
possibility of an expanded day -care operation at GIAC if it can
be done without compromising GIAC's programs, and be it further
RESOLVED, That the City requests
the Community Dispute Resolution
a more productive relationship,
this purpose, and be it further
that both organizations accept
Center's (CDRC) aid in building
and that $1000 be allocated for
RESOLVED, That the Client Committee already established to work
on the pool renovations be amended to include a representative
from the DICC, but that when meeting on GIAC building renovations
the representatives of the Cass Park Pool and Ithaca City School
District not be included, and be it further
RESOLVED, That the GIAC Renovations Client Committee and the
Department of Planning and Development initiate the architect
selection process for the building renovations, and be it further
RESOLVED, That the architect be directed to review the program
needs of both GIAC and DICC and with the aid of the mediator to
help both sides determine if they can co -exist in the building,
and be it further
RESOLVED, That the City requests that the Ithaca City School
Board make the Central School Building available for GIAC
programs after school hours and during the summertime, and that
this be pursued regardless of whether or not it is possible to
accommodate an expanded day care operation at GIAC.
Alderperson Peterson gave background information on the
resolution and discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Schlather, Romanowski, Cummings,
Peterson, Hoffman, Killeen
Nays (2) - Booth, Nichols
Carried
Johnson, Lytel,
Motion to Extend Common Council Meeting
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That this Common Council meeting be extended until
12:45 a.m.
Carried Unanimously
Handicapped Access - Report
Alderperson Peterson reported that the Human Services Committee
is working on the handicapped access issue.
Meeting Date for Reproductive Choice - Report
Alderperson Peterson reported that the meeting date for
reproductive choice testimony has been set for October 30th.
There will be more information forthcoming on this issue at a
later time.
Irn
I.y .ti
35
L COMMI
October �4, 1989
Senior Citizens Council
Alderperson Killeen reported that in anticipation of changing
leadership in Ithaca City government, the Board of Directors of
the Senior Citizens Council at their September 21, 1989 meeting
requested that the City of Ithaca continue their good faith
efforts to help establish a new Senior Center, which as a first
priority, is to be located within the City of Ithaca.
Alderperson Killeen presented to Council demographic information
indicating the number of senior citizens residing in the City and
in the County, based upon registered voter data.
Resolution to Common Council from the Conservation Advisory
Council Regarding Transfer of Festival Lands to State
Alderperson Johnson stated that he is going to take this
resolution back to the CAC in light of the proposal that was made
tonight by the Planning and Development Committee.
Rental Housing Task Force
Alderperson Killeen read the following report to Council:
"Cornell today (10/4/89) briefed local officials and made public
their extensive, year -long CRESAP Housing Study. The document
indicates that Cornell has 6,900 beds occupied preponderantly by
first and second year students. Only 12% of Cornell's beds are
in Collegetown which students indicate is their preferred area of
residence. The Study recommends Cornell add 1,600 new beds over
the next 8 years at a cost of $68 million. As Cornell assesses
this Study, a series of collaborative planning sessions with
local officials are anticipated prior to a scheduled January 1990
report, possibly including action recommendations, to Cornell's
Board of Trustees. Copies of the CRESAP Study will be made
available to Common Council by the Planning and Development
Director."
UNFINISHED AND MISCELLANEOUS BUSINESS:
Post Office Meeting
Alderperson Lytel asked that Council set a date to meet with the
postal official in regards to the re- location of the Ithaca Post
Office workers. Three dates were suggested - October 16, 17 or
18th. Alderperson Lytel will contact the Postmaster and try to
set up a date with him.
EXECUTIVE SESSION:
By Alderperson Cummings: seconded by Alderperson Johnson
RESOLVED, That Common Council adjourn into Executive Session to
discuss land acquisition.
Carried Unanimously
ADJOURNMENT:
Common Council came out of Executive Session and on a motion the
meeting adjourned at 12:45 a.m.
Callista F. Paolangel
City Clerk
� rs'i